KODAKKAL SHIVAPRASAD (officer scale-I) 17 March 2009

Article 122 what relief could get in dismissed case ?

In an high court website about case status, it displays that although case was partly heared, last action taken shows case is dismissed. But petitioner advocate informs that there have a relief and sustant order to the petitioner. I have a doubt if relief is given how the case was dismissed ? Is it atracts under Article 122 ? what action i could do in this regard ?

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Swami Sadashiva Brahmendra Sar (Nil) 17 March 2009

mr. kodakkal,

your question needs more clarity. further , by Art. 122 do you mean Art. 122 of Constitution of India? if so how it is relavant here? it is relating to privileges and procedures of parliament.

so far dismissal and relief is concerned, the court may have given certain directions/ or observations in favour of petitioner and dismissed the petition on some technical grounds. only the text of order can clear the position.

Swami Sadashiva Brahmendra Sar (Nil) 17 March 2009

after recieving the certified copy of order , you may avail free legal advice from me on behalf of our society namely, "socio-legal sensitization society"

- Dr. V.N. Tripathi

email: dr.vntripathi@yahoo.com

mob.: 09839527421 Tel.: 0532-2545245

KODAKKAL SHIVAPRASAD (officer scale-I) 18 March 2009

Dear Tripathi,

Thank you for timely intervention, however by inadvertantly i have mentioned article no.122 instead article 226. Therefore hope to clarify how an case could be dismissed if it having some relief , further is it atracts under section 226 for getting remedy in upper benches ?

Swami Sadashiva Brahmendra Sar (Nil) 18 March 2009

nothig can be clarified without reading the order.

so for further remedy is concerned, if order is passed by single judge, there may be provision in rules of concerned high cout for intra court appeal before two judge bench of same same high court. otherwise you will have to approach to supreme court.

normally, intra court appeal is available against orders passed under Art. 226 . but when order is passed under Art. 227 (i.e. petition was filed against order of lower court ) intra court appeal is not permissible.