1996 (9) TMI 303

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....P. Devnath, Advocate, for the Respondents. [Order]. -  This is a reference application filed by the department w.r.t. the order of the Tribunal No. A/363/96-NB, dated 29-1-1996 passed by Hon'ble Member (T) Sh. K. Sankararaman. 2. At the outset a question arose regarding the jurisdiction to hear this matter by the present Bench and the attention of the Bench was drawn towards the....

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....n (2) of section 81A of the Gold (Control) Act, shall be heard by a Bench consisting of the Members who heard the appeal giving rise to the application, unless the President directs otherwise]." 5. The Reference Applications are considered by the Tribunal under Rule 31 of the same Rules and reads as follows :- "Same Bench to hear the reference applications. - The same Bench which heard ....

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....a Member/Members who did not originally hear the appeal and passed the orders. To this extent the President can direct `otherwise'. 7. In other words when a Member/(s) is/(are) available the application is ordinarily required to be heard by the same Member(s) who passed the final order. 8. I, therefore, hold that the ratio of the Supreme Court judgment in the case of Elpro Intt. Lt....