TaxTMI 
TaxTMI 
1989 (1) TMI 364
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....dgment as they arise out of the common judgment delivered by the learned Tribunal. 2. In MADCAP. No. 276 of 1983 the amount claimed was Rs. 1 lac while in MADCAP. No. 272 of 1983, the amount claimed was Rs. 75,000/-. It may be mentioned here that two other applications were also filed arising out of the same incident in which the claim did not exceed Rs. 25,000/-. These four applications were heard together and disposed of by a common judgment. It may be mentioned here that the procedure laid down by O. XIX of the C.P.C. was followed by the Tribunal in disposing of all these applications. The claims in the two petitions exceed Rs. 25,000/- and, therefore, the grievance made by the appellants is that the learned Tribunal committed an erro....
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....it is an admitted fact that thereafter the said Rule has never been amended. In view of this, it is crystal clear that when the claim exceeds Rs. 25,000/- the Claims Tribunal, Main or Auxiliary as the case may be, has to follow the procedure laid down in the C.P.C. for trial of suits. The Claims Tribunal has to record evidence which each party may desire to produce after the issues are framed when the claim exceeds Rs. 25,000/-. Such procedure has to be followed when the claim exceeds Rs. 25,000/- and that procedure having not been followed in the trial of the present applications, the awards passed by the Tribunal can be said to have been passed without following the procedure laid down in the Rules. 4. It may be mentioned here that Cla....
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....ime to time by issuing the Notifications as stated above. It appears from the said Notifications that by the first Notification of 17-4-1978, it was provided that the Claims Tribunal presided over by the District Judge shall not adjudicate upon a claim for compensation for an amount which does not exceed Rs. 15000/- and it further provided that the other Claims Tribunals consisting of the Joint Judge or the Assistant Judge, as the case may be, shall not adjudicate upon a claim for compensation for an amount which exceeded Rs. 15,000/- The Claims Tribunal consisting of the District Judge is called Main Tribunal, while the other Tribunals consisting of' the Joint Judge or Assistant Judge are known as Auxiliary Tribunals. Then, by the Noti....
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....n; and the fees, if any, to be paid in respect of such applications; (b) the procedure to be followed by a Claims Tribunal in holding an inquiry under this Chapter; (c) the powers vested in a Civil Court which may be exercised by a Claims Tribunal; (d) the form and the manner in which and the fees (if any) on payment of' which, an appeal may be preferred against an award of a Claims Tribunal; and (e) any other matter which is to be, or may be, prescribed." 7. It will appear from what has been discussed above that while the Notifications have been issued under S. 110 of the Act constituting Tribunals and raising the pecuniary jurisdiction of Auxiliary Tribunals from time to time, R. 311 has been ame....