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Tribunal held that an order passed following binding precedents...
Tribunal: Order based on binding precedent can't be recalled/reviewed due to later contrary higher court judgment. Final order can't be reopened u/s 254(2).
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Tribunal held that an order passed following binding precedents cannot be recalled or reviewed based on a subsequent contrary judgment of a higher court. Once an order attains finality between parties, it cannot be reopened or reviewed u/s 254(2) due to a later overruling judgment. The power u/s 254(2) is akin to Order XLVII Rule 1 CPC and cannot be exercised beyond the scope of review under that provision. Consequently, the department's application seeking recall of the Tribunal's order based on a subsequent Supreme Court judgment was dismissed.
Tribunal held that an order passed following binding precedents cannot be recalled or reviewed based on a subsequent contrary judgment of a higher court. Once an order attains finality between parties, it cannot be reopened or reviewed u/s 254(2) due to a later overruling judgment. The power u/s 254(2) is akin to Order XLVII Rule 1 CPC and cannot be exercised beyond the scope of review under that provision. Consequently, the department's application seeking recall of the Tribunal's order based on a subsequent Supreme Court judgment was dismissed.
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