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2018 Supreme(SC) 601

ADARSH KUMAR GOEL, INDU MALHOTRA
ROJER MATHEW – Appellant
Versus
SOUTH INDIAN BANK LIMITED – Respondent


ORDER :

1. Restructuring of Tribunal System in the light of constitutional scheme as interpreted in decisions of this Court and the Expert Studies is the issue for consideration. Concept of Tribunals was evolved to decongest the court system and to provide speedy and inexpensive justice. Separation of powers and independence of judiciary are the constitutional concepts which have to be followed in setting up of Tribunals. Functioning of Tribunals is required to be reviewed on the test of speedy and inexpensive quality justice.

2. In R.K. Jain versus Union of India, (1993) 4 SCC 119, a Bench of this Court called for taking stock of the situation of working of Tribunals, [Para 8]. It was observed that the personnel appointed to man the Tribunals discharge judicial/quasi judicial powers and thus, persons who adjudicate upon such powers must have legal expertise, judicial experience and legal training [Para 67]. Independence of judiciary is a must for fair justice [Para 68].Institution of Tribunals being a substitute for courts could not be less effective than the courts to uphold faith of litigant public [Para 70]. The Court expressed anguish over ineffectivity of alternative mechanism




































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