Can a third party file a review petition?
“Even a third party to the proceedings, if he considers himself an aggrieved person, may take recourse to the remedy of review petition. The quintessence is that the person should be aggrieved by the judgment and order passed by this Court in some respect”. Review can be filed, if there is [xi]:
What are the grounds for review under CPC?
The concept under the law actually goes in consonance with the stated description, having in addition the conditions for applicability, specific grounds along with other general rules. Order XLVII in the Code of Civil Procedure, 1908 (CPC) together with Section 114 of the Act, provides the procedure for Review.
Can a review be dismissed before an appeal is heard?
And vice versa i.e. where review application is heard and decided before the appeal then appeal becomes liable to be dismissed.
Can a mistake be a ground for review?
The mistake or error should be such, which is very obvious and visible itself on the face of it, and therefore any error found out from the judgment after a long reasoning and law based analysis, cannot be said to be one apparent on the face of record, as a ground for review. However, such mistake or error can be of fact and as well as of law.
What happens in the event of a third party termination?
Management should ensure that relationships terminate in an efficient manner, whether the activities are transitioned to another third party or in-house, or discontinued. In the event of contract default or termination, the bank should have a plan to bring the service in-house if there are no alternate third parties.
What are the different grounds for termination of employment?
Termination by an Employer may be for a just cause or authorized cause, as the case may be. In doing so, the employer must comply with due process. A dismissal based on just cause means that the employee has committed a wrongful act or omission. Article 297 of the Labor Code of the Philippines provides for said just causes, to wit:
When do you have a contractual termination right?
The contract in Vinergy International v Richmond Merchantile also provided a contractual termination right. In this case, either party was able to terminate for any breach by the other party, provided the party in breach had been given notice and at least 20 days to remedy the breach (if it were capable of remedy).
Can a public sector employee get a post termination hearing?
They should ensure that appropriate post-termination procedures are followed. Public sector employees may be entitled to a post-termination hearing. Private sector employees would also be entitled to a hearing if provided for in the company rules, the employee handbook, or in an employment agreement or contract. Be candid with the employee.