📢 Too many exams? Don’t know which one suits you best? Book Your Free Expert 👉 call Now!
  • google app store apple app store
    • ✖

      Question

      Section 16 deals with orders constituting Tribunals.

      Under this section, if there is a defect in the constitution of the Tribunal, what is the effect on its proceedings?
      A All proceedings of the Tribunal become void and must be recommenced Correct Answer Incorrect Answer
      B No act or proceeding before a Tribunal or Appellate Tribunal shall be called in question merely on the ground of any defect in its constitution Correct Answer Incorrect Answer
      C The High Court must validate the proceedings retrospectively Correct Answer Incorrect Answer
      D The Central Government must pass a curative order to save the proceedings Correct Answer Incorrect Answer
      E Proceedings are suspended until the constitutional defect is rectified Correct Answer Incorrect Answer

      Solution

      Section 16 provides two important protections: (i) no order of the Central Government appointing any person as Presiding Officer or Chairperson shall be called in question in any manner; and (ii) no act or proceeding before a Tribunal or Appellate Tribunal shall be called in question in any manner on the ground merely of any defect in the constitution of a Tribunal or Appellate Tribunal. This curative provision ensures that procedural or technical defects in the constitution of the Tribunal do not invalidate decades of hearings, orders, and recovery proceedings. It promotes finality and certainty in the dispute resolution process - a concept familiar from Section 14 of the General Clauses Act, 1897.

      Practice Next
      More Banking Related Laws Questions
      ask-question