Home Case Index All Cases Customs Customs + HC Customs - 2010 (11) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2010 (11) TMI 166 - MADRAS HIGH COURTCESTAT procedure – reopening of an order - Held that: Viewing from any angle reopening of the matter for rehearing suo-motto at the instance of one of the members cannot have legal approval. As rightly argued by the/learned counsel for the petitioner once the order is, in the manner as recognised under Rule 26 is pronounced, written and signed, the same is bound to be followed by detailed order in consonance with the same and the gist of decision delivered in open court is for all practical purposes to be treated as final decision and what is to be followed is the detailed order containing reasons in support of the final decision and the Tribunal become functus officio and has no power to reopen the matter on merits. the President is empowered to pass directions regulating the manner of discharge of functions by the benches and the Order No. 4/09, dated 17-7-2009 is issued only prospectively and the re-opening of the appeal filed by the petitioner for rehearing is without reference to Order No. 4/09, dated 17-7-2009 and the bench having passed gist of decision in the manner recognised under Rule 26 becomes functus officio - no suo-motto power to recall its own order and to reopen the matter for rehearing on merits
|