9911796707
TMI Blog1997 (4) TMI 500X X X X Extracts X X X X X X X X Extracts X X X X ..... .94 decided to conduct election on 26.7.94. Disputes had arisen as to the validity of the elections held on 26.7.94 and the suit came to be filed. Ad-interim injunction was granted by the learned Sub-ordinate Judge, Attingal in O.S. No.247/94 on 22.11 94. Against the interlocutory order passed by the appellate authority in C.M.A. No.167/94, dated December 2, 1994 C.R.P. No.2727/94 came to be filed. The High Court by judgment dated June 19, 1995 allowed the revision, set aside the order of the appellate authority and gave certain directions. Calling that matter in question S.L.P. (C) No.13667/95 came to be filed in this Court, This Court on June 29, 1995 passed the following order: We do not find any ground warranting interference since ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , when the self-same main order was confirmed by this Court the question arises whether the Tribunal has had power under Order 47, Rule 1 CPC or any other appropriate provision under the Tribunals Act to review the orders passed by it and confirmed by this Court by refusing to grant leave. We find that the exercise of the review power is deleterious to the judicial discipline. Once this Court has confirmed the order passed by the Tribunal, that becomes final. Therefore, the Tribunal cannot have any power to review the previous order which stands merged with the order passed by this Court. 5. It is next contended by the learned counsel for the respondent that though the Tribunal was communicated with the order of this Court dated 25.8.19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Cuttack Bench are clearly consistent with the above reasoning. Therefore we do not find that there are fit cases warranting interferences. Thus it is settled law that even the dismissal of special leave petition in limine operates as a final order between the parties and any order passed by the High Court Tribunal subsequently operates as a res judicata as far as the parties thereto. are concerned. It is true that in Indian Oil Corpn. Ltd. v. State of Bihar [(1386) 3 SCR at 558] this Court had pointed out that when the writ petition was dismissed by this Court in limine, the jurisdiction of the High Court under Article 226 is not precluded. The dismissal of the writ Petition under Article 32 does not operate as res judicata. That princip ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
