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A.R. Antulay vs R.S. Nayak & Anr on 29 April, 1988

As such, the Full Bench's decision suffers from what is understood to be judgment or decision per incuriam and the decision which is per incuriam it has been held by the Supreme Court in the cases of A.R. Antuley v R.S. Nayak and Municipal Corporation of Delhi v Gurnam Kaur, have become denude of its binding precedential value and it may not operate as a binding precedent. Considering the above provisions, this Court has held that the Tribunal cannot be considered to be a Court for the purpose of the Code and Section 115 and as the Tribunal is not a Court, the revision under Section 115 is not maintainable.
Supreme Court of India Cites 153 - Cited by 1309 - S Mukharji - Full Document

Municipal Corporation Of Delhi vs Gurnam Kaur on 12 September, 1988

As such, the Full Bench's decision suffers from what is understood to be judgment or decision per incuriam and the decision which is per incuriam it has been held by the Supreme Court in the cases of A.R. Antuley v R.S. Nayak and Municipal Corporation of Delhi v Gurnam Kaur, have become denude of its binding precedential value and it may not operate as a binding precedent. Considering the above provisions, this Court has held that the Tribunal cannot be considered to be a Court for the purpose of the Code and Section 115 and as the Tribunal is not a Court, the revision under Section 115 is not maintainable.
Supreme Court of India Cites 17 - Cited by 817 - A P Sen - Full Document
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