This Court dismissed a Civil Miscellaneous Appeal challenging the Railway Claims Tribunal's order dismissing an application for admitting a Legal Heir Certificate. The Court held that the Tribunal acted correctly in concluding there was no error apparent from the record.
The Civil Miscellaneous Appeal is dismissed; no order as to costs.
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.
THE HON’BLE DR.JUSTICE SHAMEEM AKTHER CIVIL MISCELLANEOUS APPEAL No.906 OF 2012
JUDGMENT:
The Civil Miscellaneous Appeal, under Section 23 of the Railway Claims Tribunal Act, 1987, is directed against the order, dated 02.07.2012, in R.P.No.8 of 2011 and I.A.No.628 of 2011 in O.A.A.No.227 of 2003 on the file of Railway Claims Tribunal, Secunderabad Bench at Secunderabad, (for short, ‘the Tribunal’), whereunder and whereby, the review petition R.P.No.8 of 2011 filed by the applicants to review the order, dated 28.11.2011, whereunder it dismissed the claim application, and I.A.No.628 of 2011 filed to permit the applicants to mark Next Heir Certificate as exhibit and also to allow applicant No.2 to sign the original application, were dismissed.
Dr.SA, J
C.M.A.No.906 of 2012
2
that number of opportunities were given to the appellants to mark the legal heir certificate, even then the appellants did not avail the opportunity and did not bring the so-called legal heir certificate on record.
___________________________________ DR.JUSTICE SHAMEEM AKTHER
OCTOBER 29, 2018 YVL
Dr.SA, J
C.M.A.No.906 of 2012
3
THE HON’BLE DR.JUSTICE SHAMEEM AKTHER
CIVIL MISCELLANEOUS APPEAL No.906 OF 2012
Date: 29.10.2018
YVL
2 issues framed by the court
Whether the dismissal of the Tribunal's order refusing to admit the Legal Heir Certificate in the appeal is correct.
Whether the Tribunal erred in dismissing the Review Petition without granting further opportunity to the applicants.
1 provisions across 1 enactments
Appellants/Applicants
Railways
Shameem Akther
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
