Section 69. A judgment or order of an administrative case of an
Administrative Court shall at least specify the following:
(1) the name of the plaintiff;
(2) the administrative agency or State official giving rise to the cause
of action;
(3) the cause of action;
(4) the facts of the case filed;
(5) reasons of the judgment;
(6) the judgment of the Court on the issues of the case;
30
© 2002 Office of the Council of State, All Rights Reserved.
(7) the decree, if any, which shall also specify the administrative
agency or State official required to comply therewith;
(8) remarks on the direction or the procedure for the execution of the
judgment, if any.
The judgment or order under paragraph one shall bear the signatures of
the administrative judges sitting in the trial and giving such judgment or order. If any
administrative judge, by reason of necessary cause, is unable to enter a signature, the
Chief Justice of the Administrative Courts of First Instance or the President of the
Supreme Administrative Court, as the case may be, shall also record such cause in the
judgment or order.
When the Administrative Court has read the result of the judgment or
order of an administrative case in the Administrative Court openly on a particular day,
the day the same is read shall be deemed as the date of the judgment or order of the
Administrative Court. For this purpose, the Administrative Court shall give the
parties a reasonable advance notice of the day on which the result of the judgment or
order is scheduled to be read.
If no party appears before the Administrative Court on the day the
result of the judgment or order is scheduled to be read, the Administrative Court shall
dispense with the reading of the judgment or order and record the fact, and the date of
such record shall be deemed as the date of the judgment or order of the Administrative
Court.
The Office of the Administrative Courts shall make available
judgments or orders of administrative cases at the Administrative Court for public
inspection or request for a certified copy thereof. A fee therefor may be collected in
accordance with regulation prescribed by the J.C.A.C.
The Office of the Administrative Courts shall publish for the
dissemination purpose judgments or orders of Administrative Courts and opinions of
the judge who makes the conclusions under section 58.
Section 70. A judgment of an Administrative Court shall be binding
on the parties. The decree shall be complied with as from the day specified in the
judgment until the day such judgement is amended, varied, reversed or set aside.
In the case of a judgment of an Administrative Court of First Instance,
the compliance with the decree shall be pending until the period of time for an appeal
31
© 2002 Office of the Council of State, All Rights Reserved.
has elapsed, or in the case of an appeal, the execution of the judgment shall be
suspended until the case becomes final.
Section 71. Subject to the provisions governing appeal against a
judgment or order, any judgment or order shall be binding on third parties in the
following cases:
(1) a judgment for the eviction of any person from any place shall also
be applicable to such person’s dependents in such place unless they can prove their
special titles;
(2) if any person has given a guarantee in Court for the purpose of any
act as required by a judgment or order, the judgment or order shall be applicable to
that guarantee without a case having to be brought against the guarantor;
(3) a judgment or order given with regard to a status or capacity of a
person or juristic person may be relied on by or set up against a third person unless the
third person has a better title;
(4) a judgment or order given with regard to rights in any property may
be relied on by the parties concerned vis-vis third persons unless the third persons
have better titles.
Section 72. In delivering a judgment, an Administrative Court has the
power to issue a decree for any of the following:
(1) ordering revocation of a by-law or order or restraining an act in
whole or in part, in the case where it is alleged in the case filed that an administrativeagency or State official has committed an unlawful act under section 9 paragraph one
(1);
(2) ordering the head of the administrative agency or State official
concerned to perform the duty within the time prescribed by the Administrative Court,
in the case where it is alleged in the case filed that the Administrative
agency or State official has neglected the duty or performed the duty with
unreasonable delay;
(3) ordering the payment of money or the delivery of property or the
performance or omission of an act with or without prescribing the time and other
conditions, in the case where the case filed is in connection with a wrongful act or
32
© 2002 Office of the Council of State, All Rights Reserved.
liability of an administrative agency or State official or in connection with an
administrative contract;
(4) ordering a treatment towards the right or duty of the person
concerned, in the case where it is requested in the case filed that the Court give
judgment declaring the existence of such right or duty;
(5) ordering a person to act or refrain from any act in compliance with
the law.
In issuing the decree under paragraph one (1), the Administrative Court
may direct that it should have a retrospective or non-retrospective effect or
prospective effect to any particular time or may prescribe any condition therefor, as
justice in a particular case shall require.
In the case where the Administrative Court gives a final judgment
revoking a by-law, the result of the judgment shall be published in the Government
Gazette and such publication shall be treated as the revocation of that by-law.
In the case where the Administrative Court issues a decree directing
any person to pay money or deliver the property specified in the judgment, if such
person fails to pay the money or deliver the property, the Administrative Court may
issue an order of execution against the property of that person.
In the case where the Administrative Court issues a decree under
paragraph one (5) or under paragraph four, the provisions of the Civil Procedure
Code governing execution of judgment shall apply mutatis mutandis.
In passing a judgment of the case, the Administrative Court shall order
the return of the whole or part of the Court fees in proportion to the winning of the
case.
Section 73. An appeal against a judgment or order of an
Administrative Court of First Instance shall be submitted to the Administrative
Court of First Instance that has passed the judgment or issued the order within thirty
days as from the date of passing the judgment or issuing the order. If no appeal is
submitted within such period of time, that case shall be deemed final.
The judgment or order under paragraph one shall include an order in
connection with a contempt of court or any other order which has the effect of
disposing of the case.
33
© 2002 Office of the Council of State, All Rights Reserved.
In the case where the Supreme Administrative Court is of the opinion
that an appeal has insignificant questions of fact or question of law determination of
which is inappropriate, the Supreme Administrative Court may reject that appeal.
The judgment or order of the Supreme Administrative Court shall be
come final.
Section 74. When final judgments or orders of Administrative Courts
of different levels are passed or issued with respect to the same issue of the dispute
and are in conflict, the judgment or order of the Supreme Administrative Court shall
prevail.
If final judgments or orders of Administrative Courts of First Instance
conflict in the same issue of the dispute, the party or a third person who is interested
may submit an application to the Supreme Administrative Court for making an
order as to which judgment or order shall prevail. Such order of the Supreme
Administrative Court shall become final.
Section 75. In the case where an Administrative Court has passed a
judgment or issued an order disposing of an administrative case, the party or a third
person who is interested or who may be affected by the result of the case may file an
application to the Administrative Court for a new trial and judgment or for issuing a
new order disposing of the case in the following circumstances:
(1) the Administrative Court erred in hearing facts or there appears
fresh evidence which may result in material alteration of the finally heard facts;
(2) the real party or the third person did not enter an appearance in the
proceedings or appeared but was unreasonably refused an opportunity to participate
in the proceedings;
(3) there occurred in the process of trial and judgment a material
impropriety which results in unfairness in the result of the case;
(4) the judgment or order has been passed or issued in reliance on any
fact or law and subsequent material alteration of such fact or law results in the
judgment or order being contrary to the law then in force.
The application under paragraph one may be submitted only when the
party or third person has, without fault, no knowledge of such circumstance in the
previous hearing.
34
© 2002 Office of the Council of State, All Rights Reserved.
The application for a retrial and judgment or for a new order shall be
submitted within ninety days as from the day such person has known or should have
known of the ground for the retrial and judgment or for the new order but not later
than five years as from the judgment or order of the Administrative Court.
[1] [2] [3] [4] [5] [6] [7] [8] [9] [10] [11]
Next Page |