Overrulling of the decision of the tribunal

shantanu dekhane (Querist) 20 October 2011 This query is : Resolved
Whether the decision passed by the any tribunal in the state can be overruled by the high court?

Whether the high court has jurisdiction to overrule the decision passed by the tribunal dealing with the specified subject?

please inform me the answer as well as supported case law with respect to it.

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Devajyoti Barman (Expert) 20 October 2011
Yes it can do that under article 226 of the constitution of india.

Nadeem Qureshi (Expert) 20 October 2011
Dear santanu
High Court have power to overruuled the dicision of tribunals

prabhakar singh (Expert) 20 October 2011
The High court, being constitutional court enjoying supervisory powers over Tribunals, can over rule Tribunal rulings.

Sankaranarayanan (Expert) 20 October 2011
yes high court have power and i do agreed with all experts opinions

Biswanath Roy (Expert) 20 October 2011
YES HIGH COURT HAS INHERENT JURISDICTION TO OVERRULE JUDGEMENT OF THE TRIBUNAL UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA.

Murali Krishna (Expert) 20 October 2011
Yes. Refer to Constitution bench's judgement in L.Chandra Kumar.

Raj Kumar Makkad (Expert) 20 October 2011
The Madras High Court in Shree Rajendra Mills Ltd. vs. Joint Commercial Taxes Officer (1971) 28 STC 483 observed: “ In the hierarchy of the authorities set up under the Sales Tax Act, the Tribunal is superior to the Appellate Assistant Commissioner, who is bound by the orders of the Tribunal which will be as effective as the orders of the High Court as far as their binding character on him is concerned. Merely because a tax case has been filed by the department, it does not act as a kind of stay of operation of the order of the Tribunal.

The Apex Court in Union of India vs. Kamlakshi Finance Corporation Ltd., AIR 1992 SC at 712 is also on similar line.

RAJU O.F., (Expert) 23 October 2011
High Court in which state the DRT is functioning and also the High Court wherein its jurisdiction DRAT is situated also can over-rule the decision of DRT.

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