• Certified copy of order

Order pronounced in open court by one if the judges of two member trubunal bench. This order was in favour of the appellant. However in the certified copy the order is completely reversed. What remedies are available?
Asked 6 years ago in Labour

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10 Answers

We can only relay certified copy of the judgement and decree. Check the A diary in the court or order sheet. Challenge by way of filing appeal.

Ajay N S
Advocate, Ernakulam
4072 Answers
111 Consultations

5.0 on 5.0

You can file appeal against the order passed by division bench before SC

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

You can in your appeal take the plea that order pronounced in open court was in favour of Appellant

2) however when certified copy of order was received judgment was just the opposite of order passed in open court

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

Hi, you have the remedy to approach the high court against the adverse order .. However if you feel that there is something fishy you can also file a compaint against the bench to the sessions judge

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

In Kushalbhai Ratanbhai Rohit & Ors v. The State of Gujarat (SLP (Crl.) No.453 of 2014) the Bench comprising of Justices B.S. Chauhan, J. Chelameswar and M.Y. Eqbal took a view that in certain circumstances the Order can be recalled and altered even thiugh it was announced otherwise in the court.

Court heavily relied upon its Judgment in Surendra Singh & Ors. v. State of U.P which observed as follows;

You may refer to the following link:

http://www.livelaw.in/judge-can-recall-order-dictated-open-court-change-mind-even-draft-copy-signed-says-sc-read-judgment/

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1. This is very unfortunate but is not surprising.

2. It clearly states that the judgement has been altered later on before it was typed.

3. You can not submit any evidence about what was pronounced in the Court.

4. What has been mentioned in the certified copy is considered as the order passed by the Court and not what you claim as was pronounced by the Judge in the open Court.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1. It will not be possible for you to prove with evidence as to who had pronounced the Order.

2. Moreover, who had pronounced the order is not important but what has been pronounced is.

3. Certified copy of the order is considered as the order passed by the bench.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Order pronounced in open court by one if the judges of two member trubunal bench. This order was in favour of the appellant. However in the certified copy the order is completely reversed. What remedies are available?

You can do nothing about it than to prefer an appeal agaisnt the aggrieved order.

When the other member judge did not pronounce the judgment, it is quite possible that the other judge's views may be against you.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

The certified copy states that the order was pronounced by other judge of the bench. Whether such drastic and substantial factual changes permitted?

You canot question the authority of the court, if you are aggrieved by the judgment you can prefer an appeal against it before the appellate authority.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

1. The order cannot be changed after it has been signed.

2. Now challenge the order in the higher court.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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