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yogesh (will tell you later)     15 January 2009

Qery regarding writ Petition & Writ appeal petition against the order of CAT

Dear Friends,


Thanks for your reply


Please inform me the following:


1 Whether writ petition & writ appeal have got same meaning under Article 226/ 227 of constitution of India if an individual is filing against the decision of C.A.T in Hon'ble High Court?


2 Whether the copy of application/petition which is filed before the CAT needs to be annexed in the writ petition or only the order which is filed by the CAT is sufficient in the writ petition?

3 Whether petitioner will have to annexed all the same annexures which he has filed before the CAT?

Regards



Learning

 7 Replies

Prakash Yedhula (Lawyer)     15 January 2009

 Dear Yogesh,


1. Against an order of CAT, a writ petition lies befor a Division Bench of the High Court. Hence there is no scope for writ appeal.


2 & 3. You certainly need to filed the copy of the Application filed before the CAT along with reply any filed by the respondents, copy of order made by CAT and the documents filed in CAT.

sanjay singh thakur (advocate)     26 January 2009

Dear Yogesh


As Mr. Y. Prakash has rightly guided you hence your queris is aptly solved.


Sanjay Singh Thakur


Advocate

A.Mohamed Thaheer (ADVOCATE)     11 April 2009

1.  Whether a review petition can be made against the order of the writ petition.

2. If yes, what is the limitation period?

3. Whether condonation of delay will be allowed in making the review petition.

4.How can we legally postpone in making review petition for obvious reasons, for numbering a

   and for taking consideration of the court for obvious reasons and winning the case?

5.Under what grounds review petition will be taken for consideration?

6.If the apparant error on the face of record of the judgment is proved, whether the judge will

   boldly alter the judgment,  by quashing his own order or what will be remedy to rectify the

  wrong speaking order which are not the facts of the case according to documentary

  evidences produced.  In this case, the party is petitioner/respondent and NOT APPELLANT

 

Swami Sadashiva Brahmendra Sar (Nil)     14 April 2009

writ appeal means appeal before division bench against order of single judge of high court in writ petition.

Swami Sadashiva Brahmendra Sar (Nil)     14 April 2009

application for review of order in writ petition can be filed. rules provided under CPC are applicable as guiding principles. limitation also 30 dys.

Swami Sadashiva Brahmendra Sar (Nil)     14 April 2009

judge is bound to correct apparent errors.

Swami Sadashiva Brahmendra Sar (Nil)     14 April 2009

but under the garb of review merits of the case can not be reopened.

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