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Section 19: High Court’s power of revision

The Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983State Act of Madhya Pradesh · Act 29 of 1983

1[(1) The High Court may suo motu at any time or on an application for revision made to it within three months of the award by an aggrieved party, call for the record of any case in which an award has been made under this Act by issuing a requisition to the Tribunal and upon receipt of such requisition, the Tribunal shall send or cause to be sent to that Court the concerned award and record thereof :

Provided that any application for revision may be admitted after the prescribed period of three months, if the applicant satisfies the High Court that he had sufficient cause for not preferring the revision with such period.

Explanation.— The fact that the applicant was misled by any order, practice or judgment or the High Court in ascertaining or computing the prescribed period may be sufficient cause within the meaning of this subsection.]

(2) If it appears to the High Court that the Tribunal—

(a) has exercised a jurisdiction not vested in it by law; or

(b) has failed to exercise a jurisdiction so vested; or

(c) has acted in exercise of its jurisdiction illegally, or with material irregularity; or

(d) has misconducted itself or the proceedings; or

(e) has made an award which is invalid or has been improperly procured by any party to the proceedings, the High Court may make such order in the case as it thinks fit.

(3) The High Court shall in deciding any revision under this section exercise the same powers and follow the same procedure as far as may be, as it does in deciding a revision under Section 115 of the Code of Civil Procedure, 1908 (No.5 of 1908).

1 Subs. by M.P. Act No.19 of 2005 (w.e.f. 29.8.2005).

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(4) The High Court shall cause a copy of its order in revision to be certified to the Tribunal.

Explanation.— For the purposes of this section, an award shall include an ‘interim’ award.

CHAPTER VI MISCELLANEOUS

Where this provision sits

ActThe Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983
Section19
Marginal noteHigh Court’s power of revision
JurisdictionState of Madhya Pradesh
StatusIn force as published by the source

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