This court dismissed Civil Applications Nos. 26 and 27 of 2020 filed to set aside an order dismissing Letters Patent Appeal No. 43 of 2003, rejecting the grounds regarding the Tribunal's remand order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION Nos.26 AND 27 OF 2020 IN LETTERS PATENT APPEAL NO.43 OF 2003 IN
WRIT PETITION NO.1936 OF 1993 (D)
Ramchandra Suryabhan Gangane (deceased) Thr. L.R Pramilabai wd/o Ramchandra Gangane and ors.
-vs-
Chairman Shri Sonaji Maharaj Education Society, Sonala, Ta. Sangrampur, Dist. Buldhana and ors.
--------------------------------------------------------------------------------------------------------------------------------Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders.
Shri S. T. Harkare, Advocate for applicants.
CORAM : R. K. DESHPANDE AND A. S. CHANDURKAR, JJ. DATE : January 10, 2020
Civil Application No.27/2020 is filed by the original appellant for setting aside the order of dismissal of Letters Patent Appeal dated 07/11/2019 in the absence of counsel for
the appellant. There is delay of 42 days caused in filing such application and hence Civil Application No.26/2020 has been filed.
when the matter was finally decided by this Court on 07/11/2019 we permitted the learned counsel to argue the matter on merits. We asked the learned counsel as to how
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the findings recorded in the judgment in Letters Patent Appeal are wrong or whether there is any error apparent on the face of the record. It is his submission that the ground of challenge is not enlisted in the list of findings recorded but the main ground is that certain arguments were not considered which ought to
have been adverted to.
“ .. It would be legal and proper to remand the matter back to the Enquiry Committee. However, it is ot possible for me to remand back the matter to the enquiry for the reason that the Honourable High Court of Judicature at Bombay, Nagpur Bench Nagpur in Writ Petition No.225 of 1993 has directed the Tribunal to decide the matter within three months”.
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JUDGE JUDGE
Asmita
3 issues framed by the court
Whether Civil Applications filed to set aside an impugned order dismissing a Letters Patent Appeal are maintainable when the applicant failed to appear.
Whether there is merit in the argument that a remand order of the Tribunal was not adverted to by this Court.
Whether the findings of the School Tribunal regarding enquiry and natural justice are legally sustainable.
Ramchandra Suryabhan Gangane (deceased) Thr. L.R Pramilabai wd/o Ramchandra Gangane and ors.
Chairman Shri Sonaji Maharaj Education Society, Sonala, Ta. Sangrampur, Dist. Buldhana and ors.
R. K. DESHPANDE
A. S. CHANDURKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
