turning point for judiciary

Guest (Querist) 21 November 2010 This query is : Resolved
it may be a stunning and a turning moment for judicial system in india and a ruse against the constitutional rights of indian citizens.
in an appeal against order of CAT, high court accepted some documents by hand from counsel opposite, during the hearing and reserved the judgment on same day.
the documents were not supported by any affidavit and no source was indicated except lawyers index & sign.
astoundingly the judgment was solely founded over these false documents and none of the grounds raised by petitioner were taken up.
not only petitioner's but another petitioner's writ was also dismissed on same basis whose case was dismissed from CAT in limine as time barred without going into merits and no primary adjudication was ever held in CAT.
what is this?
Can we file an application for clarification of judgment?

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R.Ramachandran (Expert) 21 November 2010
Dear Pooja,
Whatever you are saying is purely your understanding and in an abstract term.
Unless the complete facts of the case, what documents have been produced by the opposite counsel in the High Court etc., is known, no one will be in a position to give any views.

Devajyoti Barman (Expert) 21 November 2010
If the allegations in your query are right then immediately go to the supreme court in SLP.

Kiran Kumar (Expert) 21 November 2010
I agree with Mr. Barman, but prior to moving SC find out, whether another remedy of LPA is available in the same High Court or not?

Advocate. Arunagiri (Expert) 21 November 2010
You have the right of filing writ appeal (bench) in the same HC. At the same time if you say any false documents are founded you file a petition u/s 340 cr.p.c. This petition will indirectly reopen the case.

s.subramanian (Expert) 22 November 2010
yes.

Guest (Querist) 26 November 2010
respective members, appeal against CAT is already taken up by division bench . Is there still any chance to appeal before high court in LPA or writ appeal?

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