CPC GOOD INFO.
pratik
(Querist) 06 July 2010
This query is : Resolved
can anybody tell me that Adminstrative Tribunal Act is apllicable to all the Tribunal(s) if no than why the particular above mentioned act is till in inforce also i have came to judgment under which it has mentioned that CPC & evidence act are not appliacble to the that Tribunals. So can we say that as per the judgment it is also not applicable to ALL THE Tribunals any APEX COURT JUDGMENT RERUIQERD WHICH SAYS THAT CPC & EVIDENCE ACT IS NOT APPLIACABLE TO ANY Tribunals.
IN THE HIGH COURT OF DELHI AT NEW DELHI
SUBJECT : SERVICE MATTER
Reserved on: 31/05/2007
Date of Decision:July 17, 2007
W.P.(C) No.10150/2005
DELHI TRANSPORT CORPORATION .....PETITIONER
Through: Ms. Arti Mahajan, Advocate
versus
SURINDER PAL .....RESPONDENT
Through: Mr.Ram Sewak, Advocate
Equivalent citations: I (1989) ACC 323, AIR 1989 J K 7
Bench: A Anand
Amar Kaur And Anr. vs Kulbir Singh And Ors. on 31/12/1987
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So can we come to the conculsion that CPC is not applicable to any Tribunal.
pls guide me more with the apex court case laws or any more info.
thanks in advance.
Kiran Kumar
(Expert) 06 July 2010
dear every tribunal is not an Administrative Tribunal...eg. Motor Accidents Claim Tribunal and Railways Claims Tribunal can not be termed as administrative tribunals.
as far as CPC is concerned it is correct that the strict principles of CPC are not applicable to Tribunals...if it has to be then what remains the difference between a Civil Court and a Tribunal...Tribunals are meant to ease procedure and to provide quick remedy on certain specific matters.
however the principles of Evidence Law can not be sidelined in toto....in every case the purpose remains is the delivery of justice and tribunals are supposed to be a quick remedy.
Kiran Kumar
(Expert) 06 July 2010
in few states the RENT CONTROLLER is similarly situated, the strict principles of CPC would not apply to Rent Controller's Court...few judgments declare a Rent Controller a mere persona designata i.e. not even a judge.
