...of the judgment could be the subject matter of modification or clarification application as doctrine of functus officio has no applicability thereon but so far as the modification or clarification of...substantive portion of the order, it is hit by the principle of functus officio means that a Court ceases to exercise his jurisdiction once any appeal or application is disposed of. Reliance may be placed to the judgment passed in t...not even effective on the date of judgment, functus officio doctrine is squarely applicable.4. Furthermore, from the clarification application it appears that the prayer is also vague...

...imprisonment is unsustainable and is required to be set aside. In such circumstances, there is no question of invoking the functus officio doctrine. 9. Accordingly, we set aside the impugned...the release of the petitioner, on the specious plea that it had become functus officio. The learned JMFC directed the petitioner to undergo the remaining default sentence. 7. We have...

...impugned before us.6. It is a settled proposition of law that once the Court delivers a judgment by adjudicating the lis, the Court becomes functus officio and Court cannot entertain any jurisdiction to decide the li...application for modification or clarification, is not maintainable after the Court, becomes functus officio, applying the “functus officio doctrine”.10. Before parting with the matter...functus officio but there is an exception of that principle to this...

...status quo only for the reason that the writ petition has been disposed of on 27.1.2009 Once any writ petition or any other proceeding is disposed of finally, the Court becomes functus officio and there is no scope to entertain any ...is maintainable. Dealing with the applicability of functus officio Division Bench of this Court wherein one of us Pratap Kumar Ray, J. was the presiding member, delivered a judgment in Kabita...Sudhendu Chowdhury v. State of West Bengal.3 The basic principle of the law is that when there is only modification of procedural portion of any judgment, the functus officio principle is not...

...Calcutta Law Times 412 (HC) discussing jurisdictional limit of entertainability of the application for modification/clarification once the Court becomes functus officio.6. In the aforesaid case, several decis...settled legal position of law that once the judgment is delivered by a Court, the Court becomes functus officio and cannot enter into in the adjudicatory field further by entertaining any application...aforesaid two contingencies, the Court when becomes functus officio, cannot entertain any type of other applications. Reliance is placed to the judgments in the cases of Mahanath Ram Dey v...

...there would be no prayer for modification of substantive portion of the judgment but only the procedural portion of the judgment, the doctrine of functus officio had no applicability. This judgment was followed by the Calcu...departmental proceeding. Beside such ‘functus officio’ doctrine has no applicability here, an extension of time is within procedural field.9. Having regard to such, this application is...

...the basis of the adjudication as earlier made, the principle of “functus officio doctrine” is not applicable. We are following the judgment and authority to that effect in adjudicating the present case...Court becomes functus officio has no applicability in the instant case. This application simply on issue of extension of time to complete the departmental proceeding following the different stages in...legally entitled to entertain any application seeking extension of time and/or modification thereof. There is no doubt that once the judgment is delivered the Court becomes functus Officio...

.... He lastly referred to "functus officio" doctrine that the Assessing Officer at Mumbai could not have exercised any authority in assessee's case. 7. The Revenue has...

.... He lastly referred to "functus officio" doctrine that the Assessing Officer at Mumbai could not have exercised any authority in assessee's case. 7. The Revenue has...

...Rankin C. J. in Be Cooke and Kelly (1) but those observations are obiter as the High Court held that the reference under s. 57 of the Stamp Act was incompetent. The doctrine of functus officio was...penalty. Held, that after determination of the stamp duty the Collector became functus officio and could not impound the instrument or demand duty and penalty. Under s. 31 the Col...functus officio and can take no action under s. 33. It is these two rival contentions of the parties that require to be decided in this case. After an inordinately long...

...passed by the ld. Member (T) is correct and that the Tribunal becomes a functus officio as the Doctrine of merger applies in this case. Accordingly, I concur with the views of the ld. Member (T...)Member (Judicial)MAJORITY ORDER22. In view of the majority opinion, the following is ordered:23. The Tribunal has become functus officio as the ...

...to the general principles relating to the "Functus Officio Doctrine". The material already considered cannot be reconsidered. 7...I (Fifty Edition 1991), "The IO, after signing the report becomes "Functus Officio" and cannot thereafter make any modification in the report". This being so, the Inquiry Officer could not revisit...justice. The point made by the applicant that, after signing the report, the IO becomes functus officio, and, thereafter, making any modification in the report is illegal, is duly considered taken note...

...to the general principles relating to the "Functus Officio Doctrine". The material already considered cannot be reconsidered. 7...I (Fifty Edition 1991), "The IO, after signing the report becomes "Functus Officio" and cannot thereafter make any modification in the report". This being so, the Inquiry Officer could not revisit...justice. The point made by the applicant that, after signing the report, the IO becomes functus officio, and, thereafter, making any modification in the report is illegal, is duly considered taken note...

...passed by the ld. Member (T) is correct and that the Tribunal becomes a functus officio as the Doctrine of merger applies in this case. Accordingly, I concur with the views of...view of the majority opinion, the following is ordered : 23.The Tribunal has become functus officio as the Doctrine of merger...

...Panakala Rao v. Kumaraswami, AIR 1937 Mad 763 where the doctrine of functus officio was applied a...clear why there was no question of any authority being functus officio, although that expression has been used by the Allahabad High Court also. 10. So far as the other cases relied upon are concerned, a perusal of...becomes functus officio having no power under Section 33 to impound the instrument. 4. The matter is really concluded by the decision of the Supreme Court in...

...G.O.M. No. 234 dated 27thJune, 2005, it became 'functus officio' and could not have modified the same by re-examining the case of the temporary employees appointed between 1990-1995 and supersede the same by issuance of t...'functus officio' is not applicable to administrative decisions based on policy considerations and if such doctrine is...Associations(supra), while dealing with the application of the doctrine of 'functus officio' to the sphere of the administrative decision-making by the State and its impact on the policy decisions, observed that "if the ...

...)ORWhether the Doctrine of merger applies, the Tribunal has become functus officio and has no jurisdiction to entertain the application for restoration of appeal when the condition of...by Hon’ble Member (Judicial)ORWhether the Doctrine of merger applies, the Tribunal has become functus officio and has no jurisdiction to entertain the....20. In view of the foregoing, I find the order passed by the ld. Member (T) is correct and that the Tribunal becomes a functus officio as the Doctrine of merger applies in this case...

... is therefore of no further virtue or effect 109. The doctrine of functus officio gives...Hari Singh Mann v. Harbhajan Singh Bajwa35, this Court recognized that Section 362 was based on the doctrine of functus ... in a manner prescribed by law. The court becomes functus officio the moment the official order...

...counsel for the petitioner vehemently argues that, once the award is passed under the provisions of National Highways Act, 1956, the SLAO becomes functus officio and therefore, the subsequent...- compensation of Rs.6,34,27,828, are not in dispute. Once the award is passed, the authority becomes functus officio in the absence of any enabling provision in the said Act...of functus officio. This apart, it is open to the respondents to put the original award in statutory arbitration as provided under Sec.3G(5) of the 1956 Act. An argument to the contrary would...

...the respondents, BRPL and BSPHCL on the issue of re-opening of the tariff petitions in view of Appellate Tribunals Judgments and applicability of doctrine of functus officio. Since the submissions and..., one is called procedural portion that is open for modifications or clarifications uninfluenced by the principle of functus officio while the substantive portion of the judgment is hit by doctrine functus...contended that doctrine of functus officio does not come in the way of exercise of regulatory power of the Commission and it certainly creates a legal bar where the dispute between the parties is of...