Tribunal's.
Querist :
Anonymous
(Querist) 23 April 2011
This query is : Resolved
1) The Contempt of Courts (C.A.T.) Rules, 1992
2) Administrative Tribunal Act.
3) Central Administrative tribunal act.
So (1)is in addition to contempt of court act, 1971 or in derogation to the contempt of court act, 1971. For filling the contempt petition both the (ACT & RULES) should be kept in mind Right Or Wrong ?
(2) How to know that administrative Tribunal Act is applicable to which tribunal ?
(3)It has been said that Central Administrative tribunal act is applicable only in delhi & not elsewhere.
AS the abovementioned rules does not specify that in which is addition or derogation to the court of court act, 1971
becasue as per the contempt of court act, 1971 the act said that any other law other than CC act, 1971 is in addition & not in derogation.
Further Point NO. 2 & 3 The Act does not mention whether it is applicable to which tribunal & not applicable to which tribunal as we know that Income tax has it's know tribunal known as (ITAT) & so the rules of ITAT is applicable right.
So can we come to a conclusion that when any tribunal is formed by the statue & that particular tribunal has it's own rules & regualtions than the abovementioned act known as (Administrative Tribunal Act & Central Administrative tribunal act.) is not applicable. But when the rules & regulations are not made by the statue than the above mentioned tribunal act is applicable.
Clarify the above myth.
Thanks.
Raj Kumar Makkad
(Expert) 23 April 2011
The area of applicability is clearly mentioned in each and every Act and Rule and there is no ambiguity therein.
