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Case Law Details

Case Name : High Court of Judicature at Madras Vs Thirumalai (Madras High Court)
Appeal Number : C.M.P. No. 1172 of 2023
Date of Judgement/Order : 01/03/2023
Related Assessment Year :
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High Court of Judicature at Madras Vs Thirumalai (Madras High Court)

Madras High Court held that administrative side cannot seek leave to review an order passed by its own judgements on the judicial side as the same would amount to undermining the judicial fibre.

Facts- Review Application is filed under Order 47 Rule 1 R/W Section 114 of CPC to grant leave to the petitioner/appellant herein to file the present review application.

To appreciate the petition now before this Court, namely, a petition seeking leave to review the order dated 05.05.2022, it is necessary to set out the facts in the various petitions filed seeking exemption from the payment of Court fees which form the backdrop for the review.

This Court by the order which is the subject matter of review had answered that whether the provisions of Rule 24 would apply to Appeals under Section 173 of the Motor Vehicles Act without giving proof of the indigent circumstances and whether the petitioners/claimants who have obtained exemption can withdraw the amounts deposited without paying the Court Fees.

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