Introduction for Tribunals in India-
What is Tribunal Courts in India?
What is difference between Tribunal and Court?
How many types of Tribunals are there in India?
What is the history of establishment of Tribunals in India?
What is the purpose of establishment of Tribunals in India?
What are the powers of tribunal court?
The powers of tribunal courts in India can vary depending on the specific tribunal and the area of law it deals with. However, in general, tribunals have the following powers:
- Jurisdiction: The tribunal has the power to hear and determine disputes within its area of jurisdiction. This means that it can decide on matters that fall within its jurisdictional boundaries.
- Summoning and examining witnesses: The tribunal has the power to summon and examine witnesses and to compel the production of documents, records, and other evidence that is relevant to the dispute.
- Interim orders: The tribunal can issue interim orders, such as injunctions or stay orders, to preserve the status quo while the dispute is being resolved.
- Decisions: The tribunal has the power to make decisions on the merits of the dispute and to issue orders or directions to the parties involved.
- Enforcement: The tribunal’s decisions are enforceable, and the tribunal can take steps to ensure that its orders are complied with.
- Contempt powers: The tribunal has the power to punish for contempt of its authority, such as in cases of disobedience of its orders or hindering the tribunal’s proceedings.
It’s worth noting that the powers of the tribunal courts are limited to the specific areas of law that they deal with, and they do not have jurisdiction over matters outside of their scope. Additionally, the powers of the tribunal courts are subject to the provisions of the governing statute and the rules and regulations applicable to that particular tribunal.
What is the procedure of Tribunal courts in India?
The procedure of tribunal courts in India can vary depending on the specific tribunal and the area of law it deals with. However, in general, the procedure followed by tribunal courts in India is governed by the provisions of the particular statute that establishes the tribunal and any rules or regulations framed under that statute. The following are the general steps involved in the procedure of tribunal courts in India:
- Filing of the Application: The first step in initiating a dispute before a tribunal is to file an application or petition with the tribunal. The application should contain details of the dispute, the parties involved, and the reliefs sought.
- Notice to the Opposing Party: Once the application is filed, the tribunal will issue a notice to the opposing party to appear before it on a specific date.
- Preliminary Hearing: At the first hearing, the tribunal will determine the nature of the dispute, whether it has jurisdiction to hear the matter, and whether there are any preliminary issues that need to be resolved before proceeding to hear the substantive dispute.
- Evidence: Once the preliminary issues are resolved, the tribunal will hear the evidence presented by the parties. This can include witness testimony, documents, and other evidence that is relevant to the dispute.
- Arguments: After the evidence is presented, the parties will have an opportunity to argue their case before the tribunal. They may also make written submissions in support of their case.
- Decision: Once all the evidence and arguments have been presented, the tribunal will make a decision on the merits of the dispute. This decision may include orders or directions to the parties involved.
- Enforcement: The decisions of the tribunal are enforceable, and the tribunal can take steps to ensure that its orders are complied with.
It’s important to note that the procedure followed by the tribunal courts in India may vary depending on the nature of the dispute, the specific tribunal, and the governing statute. Parties involved in disputes before a tribunal should always seek legal advice and guidance on the specific procedures applicable to their case.