Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | J 98t· Ss. I8(3)(j) and 23 r/w r. 32 of Railway Claims Tribunal (Procedure} Rules Railway Claims Tribunal Act 1989 |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Railway Claims Tribunal Act, 1987: Ss. 18(3)(f) and 23 r/w r. 32 of Railway Claims Tribunal (Procedure} Rules, 1989-Railway Claims Tribunal-Power of review-Held, Tribunal has the same power as are vested in civil court under CPC-Against appealable orders of Tribunal from which an appeal lies but no appeal is filed, the review petition is maintainable before the Tribunal-In the instant case, no appeal was filed against the order in question though u!s 23. It is appealable-Consequently, the review petition is maintainable before the Tribunal-Code of Civil Procedure, 1908-s.114-Order 47, Rule 1-Review. Railway Claims Tribunal (Procedure) Rules, 1989: r. 32-Validity of-Railway Claims Tribunal-Review of decisions-Held, Rule 32 restricts the scope of power of review vested u/s 18/3(j) of the Act to non-appealable orders and leaves out from its ambit orders which are appealable u/s 23 of the Act though such orders could be reviewed in view of s.114 and Order 47, Rule 1, CPC-To that extent Rule 32 runs counter to s. 18(3)(f) of the Act-As Rule 32 is repugnant to statutory provision of clause (f) of sub-section (3) of s.18, it is bad and cannot be allowed to override the specific provision of the Act-High Court erred in not considering the appeal on merits on the ground that review petition was not maintainable under Rule 32-Order of High Court set aside-Matter remitted to High Court for decision on merits-Railway Claims Tribunal Act, 1987-ss.18(3)(f) and 23-Code of Civil Procedure, 1908-s. 114 and Order 47, R. 1. |
Judge | N/A |
Neutral Citation | 2002 INSC 120 |
Petitioner | Kalpataru Agroforest Entrerprises |
Respondent | Union Of India |
SCR | [2002] 2 S.C.R. 298 |
Judgement Date | 2002-03-05 |
Case Number | 1901 |
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