Tax Management India. Com
                        Law and Practice: A Digital eBook ...

Category of Documents

TMI - Tax Management India. Com
Case Laws Acts Notifications Circulars Classification Forms Manuals SMS News Articles
Highlights
D. Forum
What's New

Share:      

        Home        
 

TMI Blog

Home List
← Previous Next →

2004 (3) TMI 809

Barun Roy-Chowdhury and Jahar Dey, Advs. ORDER D.K. Seth, J. 1. Mr. Roychowdhury submits that the review application was preferred before the appeal against the decree (FAT No. 3011 of 2002) was presented and contends further that the appeal was preferred after the review was allowed. The learned Counsel for the respondents takes a preliminary objection that after the review was allowed, the appea .....

X X X X X X X

Full Text of the Document

X X X X X X X

ter the appeal is preferred or the appeal can be maintained after the review is allowed. 2. On the presentation of a review application, a rule is issued at the first stage and then the rule is heard at the second stage. Once the review is rejected, the decree against which the review was preferred continues to survive. An appeal against such decree can very well be maintained and there would be n .....

X X X X X X X

Full Text of the Document

X X X X X X X

30 Bom 56 and Nanhe v. Mangat Rai (1913) 20 IC 647. The failure to recognize this distinction between the second stage and the third stage led to the embarrassment to litigants in many instances. Once the review is granted, the earlier decree or order stands recalled and the suit or appeal revives and the matter is re-heard in the third stage. This rehearing is of the suit or the appeal was revive .....

X X X X X X X

Full Text of the Document

X X X X X X X

. Mishra v. Union of India, AIR2003Cal307 . 3. In our view once review is allowed, part of the decree becomes open and at the same time if the appeal is preferred against the order allowing the review filed by the appellant, he is, in fact, entitled to re-open the part of the decree allowed to be reviewed whereas the appeal against the decree (FAT No. 3011 of 2002) relates to the whole of the decr .....

X X X X X X X

Full Text of the Document

X X X X X X X

eby dismissed as not pressed. Mr. Roychowdhury also does not press the cross-objection filed by him, which, however, according to Mr. Mukherjee, is not maintainable since it has been preferred only against part of the decree. Relying on Order 41, Rule 22, he submits that cross-objection lies against the decree not against a finding. The adverse finding may entitle the cross-objector to defend the .....

X X X X X X X

Full Text of the Document

X X X X X X X

 

 

← Previous Next →

 

 

|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || Database || Members || Refer Us ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.
|| Blog || Site Map - Recent || Site Map ||