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