Just a moment...
Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether a cryptic appellate order, which merely states agreement with the lower authority without independent reasons, can be sustained and what relief should follow.
Analysis: The appellate authority is required to consider the issues urged before it, appreciate the factual matrix, and record its own reasons for the conclusion reached. An order lacking reasons does not disclose application of mind and offends the requirement that judicial and quasi-judicial decisions must be speaking orders supported by reasons, which is an essential facet of natural justice. Since the Tribunal dismissed the appeals only by expressing agreement with the Joint Commissioner (Appeals) without independent findings, the order could not stand.
Conclusion: The impugned Tribunal orders were unsustainable and the matter was remanded to the Tribunal for fresh consideration after hearing the parties and passing a reasoned and speaking order.