unless restricted by law, the whole case is therein open for rehearing both on questions of fact and law. The judgment of the appellate court ... unless restricted by law, the whole case is therein open for rehearing both on questions of fact and law. The judgment of the appellate court
unless restricted by
law, the whole case is therein open for rehearing both
on questions of fact and law. The judgment of the
appellate court
unless restricted by law,
the whole case is therein open for rehearing both on
questions of fact and law. The judgment of the appellate
court ... unless
restricted by law, the whole case is therein open for rehearing
both on questions of fact and law. The judgment of the
appellate Court
real one. A right
of appeal carries with it a right of rehearing on law as well as facts, unless
such a power is limited
unless restricted by
law, the whole case is therein open for rehearing both on
questions of fact and law. The judgment of the appellate Court
1291/2020
CM no.3988/2020
CM no.3989/2020
requirement of rehearing of a grievance by a higher authority and refusing
to condone delay
fourteen days
notice to the opposite party of the date
fixed for rehearing of the application."
(emphasis supplied)
10. The limitation in terms
therefore, looking to the
scope contained under the review jurisdiction, no rehearing be
permitted at this stage of the proceedings. On the contrary, the
applicant ... ORDER
court does not sit in appeal over its own order. A
rehearing of the matter is impermissible in law. It
constitutes an exception
have
decided the case from the available records and the evidences by rehearing arguments of
both sides. But the lower appellate Court has remanded ... trial Court had
committed a serious error warranting remand and thereupon to rehear the case, the
lower appellate Court should state the points for determination
Fund Commissioner &
Ors. wherein the Court had directed the Tribunal to rehear
the matter on merits wherein the Tribunal had dismissed the
appeal
