AI Overview...
- Rera Appellate Tribunal Quorum and Composition - Main points and insights:
- The Tribunal requires both a Judicial Member and a Technical Member for its proper functioning. In cases where a Technical Member is suspended or absent, the Tribunal can operate with the Chairman and other members but may need fresh adjudication upon appointment of a Technical Member. (02500150705)
- The Court has held that a valid Appellate Tribunal must include a Chairperson and two whole-time Members, including at least one Judicial Member and one Technical Member. Non-compliance with this composition renders orders invalid and the tribunal unconstitutional. (02700049036)
- Specific composition often includes one Judicial Member and multiple Technical Members (Centre and State), with the appointment process governed by statutory provisions. The Tribunal's location and presiding officers are also specified, emphasizing the importance of qualified members. (02100134078, 01100062477)
- The Electricity Appellate Tribunal requires designated Technical Members with relevant qualifications, appointed by the Central Government under the Electricity Act, 2003. The Tribunal's composition must adhere to statutory criteria for appointment and qualification. (01100062477, IND_Delhi_WP(C)-11467_2018)
- The Appellate Tribunal should have at least one Judicial Member and one Technical Member, with appointments made by the Chairman based on prescribed qualifications. Even if the Chairman's appointment is challenged, the composition must meet statutory standards. (INDMP00000033593)
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The NCDRC and other Tribunals operate under statutory authority, with specified quorum comprising a President and Members, and are barred from civil courts' jurisdiction for matters within their domain. (IND_NCDRC_CC_584_2018)
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Analysis and Conclusion:
- The composition of the Rera Appellate Tribunal and similar tribunals is strictly governed by statutory provisions, emphasizing the necessity of including both Judicial and Technical Members for validity.
- Courts have invalidated orders and deemed non-compliant tribunals unconstitutional when composition requirements are not met.
- The appointment process involves the Central Government and adherence to qualification criteria, ensuring the tribunal's authority and legitimacy.
- Overall, maintaining proper quorum and qualified membership is crucial for the legality and effective functioning of the Rera Appellate Tribunal and related authorities.
References: - 02500150705 - 02700049036 - 02100134078 - 01100062477 - INDMP00000033593 - IND_Delhi_WP(C)-11467_2018 - IND_NCDRC_CC_584_2018
Search Results for "Rera Appellate Tribunal Non Quoram Chairman Technical Member"
2025 0 Supreme(All) 3036 • India - IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
PANKAJ BHATIA
... ... Ratio Decidendi: The Court determined that the necessity for both a Judicial Member and a Technical Member in an Appellate ... functioned without a Technical Member after its suspension. ... the matter for fresh adjudication upon the appointment of a Technical Member. ... It further records in pursuance of the office order that the Appellate Tribunal was continuing with the Chairman and o....
2023 0 Supreme(MP) 1005 • India - Madhya Pradesh
SUBODH ABHYANKAR
... ... Findings of Court: ... The order made by the Appellate Tribunal was declared invalid due to non-compliance with statutory ... ... ... Ratio Decidendi: The Court held that a valid Appellate Tribunal must comprise a Chairperson and two whole-time members, including ... Tribunal - Court examined the composition requirements for the Appellate Tribunal, concluded that it is unconstitutional for the ... the Appellate....
2019 0 Supreme(Mad) 1824 • India - Madras
S.MANIKUMAR, SUBRAMONIUM PRASAD
of one Judicial Member, one Technical Member (Centre) and one Technical Member (State), is struck down - (iii) argument that Sections ... to the Appellate Tribunal in view of the issues which are likely to arise for adjudication under the CGST Act and in order to maintain ... of the tribunal, is rejected. ... The National Bench of the appellate tribunal is situated at Delhi, which will be presided over by the Presi....
2019 0 Supreme(Del) 924 • India - Delhi
S.RAVINDRA BHAT, PRATEEK JALAN
the Appellate Tribunal for electricity or designated technical member of that Tribunal having the concerned qualifications. ... The Appellate Tribunal - by virtue of Section 30 is the appellate tribunal constituted under Section 110-111 of the Electricity Act 2003.By Section 30(2), the Central Government can, in addition to the other members of the Electricity Tribunal, appoint technical....
2023 Supreme(Online)(MP) 6049 • India - High Court of Madhya Pradesh
the Appellate Tribunal, it should have at least one Judicial Member in addition to one Administrative or Technical Member. ... by the Chairman of the Appellate Tribunal. ... one shall be Judicial Member, and the other Judicial Member and the other shall be a Technical or Administrative Member.” ... Thus, it is submitted that even accepting the fact that the Chairman....
• India - Delhi High Court
S.RAVINDRA BHAT, PRATEEK JALAN
the Appellate Tribunal for electricity or designated technical member of that Tribunal having the concerned qualifications. ... The Appellate Tribunal - by virtue of Section 30 is the appellate tribunal constituted under Section 110-111 of the Electricity Act 2003.By Section 30(2), the Central Government can, in addition to the other members of the Electricity Tribunal, appoint technical....
• India - Madras High Court
of the Appellate Tribunal. ... of the Appellate Tribunal. ... Appellate Tribunal and Benches thereof. ... Tribunal, which consists of one Judicial Member, one Technical Member (Centre) and one Technical Technical Members of the Appellate Tribunal p style="position:absolute;white-space:pre;margin:0;padding
• India - Delhi High Court
Electricity Tribunal, appoint technical Member (Petroleum and Natural Gas) in the Appellate Tribunal for electricity or designated technical member of that Tribunal having the concerned qualifications. ... a Member, as the case may be, of the Appellate Tribunal under the Act. ... Qualifications for appointment of Chairperson and Members of Appellate #H....
• India - Delhi High Court
Electricity Tribunal, appoint technical Member (Petroleum and Natural Gas) in the Appellate Tribunal for electricity or designated technical member of that Tribunal having the concerned qualifications. ... a Member, as the case may be, of the Appellate Tribunal under the Act. ... Qualifications for appointment of Chairperson and Members of Appellate #H....
• India - National Consumer Disputes Redressal Commission
Tribunal is empowered under the Act to determine. ... Quorum:- Hon’ble Mr. Justice Paramjeet Singh Dhaliwal, President Mr. Rajinder Kumar Goyal, Member. Ms. Kiran Sibal, Member. ... Tribunal is empowered under the Act to determine. ... -No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the Authority or the adjudicating officer or the Appellate Tribunal #HL_S....
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