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Section 19: Procedure for filing and disposal of Appeal and Revision

Jharkhand Motor Vehicles Taxation Rules, 2001State Rules of Jharkhand · 2000

(1) An application for appeal or revision shall be presented after being signed, verified and endorsed and shall contain the following particulars, namely:-

(a) A statement of facts of the case;

(b) A reference of the particular order in respect of which an appeal or revision is filed;

(c) The nature of relief prayed for,

(d) The grounds on which the appeal or revision application is filed;

(e) The date of service of the order objected to;

(f) A certified copy of the order objected to; and

(g) A challan of rupees twenty towards fees;

(2) An application for appeal or revision may be summarily rejected where any of the aforesaid requirement mentioned in sub-rule (1) above is not complied with, in presenting the application.

(3) After a petition for appeal or revision has been received, and the authority concerned takes up the hearing of a case, a notice specifying the date, time and place filed for hearing of a case, a notice specifying the date, time and place filed for hearing shall be delivered or sent by registered post with acknowledgement due to the parties to appear before the concerned authority either in person or through an Advocate or a person holding a power of attorney from the person notice to appear.

If the person concerned fails to appear in specified time and place on the date fixed, the case may be decided ex parte.

(4) No party to an appeal or revision shall be entitled to adduce fresh evidence, either oral or documentary.

(5) If the Appellate or the Revisional Authority requires any document to be produced, or any witness to be examined to enable it to decide the appeal or the revision, the aforesaid Authority may call for such evidence or document to be produced, or may summon and examine such witness according to the procedure as laid down in the Code of Civil Procedure. If any such fresh evidence has been added by production of evidence, documents or examination of witnesses, the party affected shall be entitled to produce rebutting evidence.

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(6) If the appellant or the petitioner in a revision dies, while the appeal or the revision is pending disposal, the same cannot proceed with unless the legal representative is made a party to the appeal or the revision. An application for including the Legal Representative shall be made to the Appellate or the Revisional Authority, within ninety days from the date on which the appellant or the petitioner in the revision died. If no such application is made, the appeal or the revision except when the revision is initiated by the Revisional Authority suomotu, shall abate as regards the deceased appellant or petitioner, as the case may be.

Where this provision sits

ActJharkhand Motor Vehicles Taxation Rules, 2001
Section19
Marginal noteProcedure for filing and disposal of Appeal and Revision
JurisdictionState of Jharkhand
StatusIn force as published by the source

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