Supreme Court - Daily Orders
R.D. Tripathi vs Union Of India . on 1 December, 2017
Author: Chief Justice
Bench: Chief Justice, A.M. Khanwilkar, D.Y. Chandrachud
ITEM NO.13 COURT NO.1 SECTION XVII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No(s)....... D.No.28983/2016
R.D. TRIPATHI Appellant(s)
VERSUS
UNION OF INDIA . & ORS. Respondent(s)
(FOR ON IA 1/2016[TO BE SHOWN AS CAD NO. 28983/2016])
Date : 01-12-2017 These matters were called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE A.M. KHANWILKAR
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
For Appellant(s) Mr. P.N. Chaturvedi, Adv.
Mr. Suraj Prakash Singh, Adv.
Mr. Sudhansu Palo, Adv. [AOR]
For Respondent(s) --
UPON hearing the counsel the Court made the following
O R D E R
The application stands disposed of in terms of the signed order.
(Subhash Chander) (H.S. Parasher) AR-cum-PS Assistant Registrar [Signed Order is placed on the file] Signature Not Verified Digitally signed by ASHWANI KUMAR Date: 2017.12.06 10:56:00 IST Reason: IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION I.A.NO.1 OF 2016 IN CIVIL APPEAL NO. OF 2017 [D.NO.28983 OF 2016] R.D. Tripathi ....Appellant/ Applicant Versus Union of India & Ors. .....Respondents O R D E R Heard Mr. P.N. Chaturvedi, learned counsel appearing for the appellant-applicant. It is submitted by him that the tribunal could not have accepted the confession before the GCM as the GCM had no jurisdiction to record such a confession.
On a perusal of the impugned order, we find such a plea was not raised before the tribunal and accordingly it has not dealt with the same. Regard being had to the same, we permit the appellant who has sought leave of this Court to file the appeal, to file an application for review on this score alone within four weeks hence.
Needless to say, if such an application is filed, the same shall be considered by the Armed Forces Tribunal in accordance with ..../2
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law without throwing it on the ground of limitation. The application stands disposed of accordingly.
........................CJI. [DIPAK MISRA] ..........................J. [A.M. KHANWILKAR] New Delhi. ..........................J. December 01, 2017. [Dr. D.Y. CHANDRACHUD]