Question 5 OR (a) part i
Appellate Tribunal's powers and appeal to the High Court
3 marks
- Time to write
- About 6 minutes
From an older CBCS paper
Question
Question 5 OR (a) part i · 3 marks- The same powers as a Civil Court are held by the Appellate Tribunal, yet an aggrieved party may take an appeal to the High Court.
Reworded from the university paper; the task is the same. The original paper belongs to the University of Delhi. See DU's question bank.
Before you write
Read off the question and its marks
What the paper leaves open
Item (i) prints a statement with no instruction; it is read as asking for a comment on the statement. This older-course question examines the Information Technology Act, 2000, which the current UGCF Business Laws syllabus does not name; it is answered as printed. Marked as one question of 9 marks; answered here in 3 parts of 3 marks each (marks inferred).
Write it in this order
- 1 (i) Appellate Tribunal: civil-court powers, appeal to the High Court 3 marks 6 min
Try it first. About 6 minutes for 3 marks. Write it out, then open the solution.
Solution
Hover or tap a marked figure, like 72,000, to see how it is made and where else it appears.
(i) Appellate Tribunal: civil-court powers, appeal to the High Court. The statement is correct: the Tribunal works like a civil court, but it does not have the last word.
Its powers. To do its work, the Appellate Tribunal can exercise in certain matters the powers a civil court has under the Code of Civil Procedure, 1908 when it tries a suit (s. 58(2)). It can, for instance, make a reluctant witness appear and give evidence on oath, order a party to produce documents or electronic records, accept evidence on affidavits, issue commissions, decide an application ex parte where the other side does not appear, and review its own decisions.
Appeal from it. Anyone aggrieved by its decision or order can take the matter further, to the High Court, on a question of fact or of law. The appeal is filed within sixty days of being told of the decision; if the appellant had sufficient cause for the delay, the High Court can admit it up to sixty days later still (s. 62). So a trader whose penalty is confirmed by the Tribunal can still have the High Court re-examine both the facts and the law.
Where the 3 marks sit
| # | Component | Marks |
|---|---|---|
| 1 | (i) Appellate Tribunal: civil-court powers, appeal to the High Court | 3 |
| Total | 3 |
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