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2015 (9) TMI 1263

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..... order sheet as dismissed - Held that:- It is appreciable that no one should suffer for the mistake of the court. But this Bench is handicapped to totally reverse the result of the appeal what that was recorded in final order referred to at the outset since the only power vested with the Tribunal is to rectify the mistake apparent from record but not to review its own order without power of review .....

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..... therein. The order reading as dismissed was first recorded and that was cut putting the line across the same. That was also authenticated by signature of the presiding member of Tribunal. Thereafter, an order recorded as allowed appeared in order sheet without any initial thereto. This has shaken confidence of his client when the final order with the result of allowing appeal of Revenue is read. .....

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..... suffer for the mistake of the court as has been held by the Hon ble Supreme Court in the case of Hari Singh Vs. State of Haryana - 1973 (66) ELT 23 (SC). Accordingly, he prays that to remove injustice to the respondent, court should revert the order to result in dismissal of appeal. 4. Revenue submits that what was the order passed is not reversible by this Bench. 5. It is appreciable that n .....

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