Topic

tribunal composition

3 articlesLatest 1 week ago
Section 29A Extension Power Vests in Section 2(1)(e) Court, Not Section 11 Authority; Waiver of Three-Member Tribunal by Conduct : SC
Case Law Analysis
|Supreme Court of India

Section 29A Extension Power Vests in Section 2(1)(e) Court, Not Section 11 Authority; Waiver of Three-Member Tribunal by Conduct : SC

The Supreme Court held that jurisdiction to extend an arbitral mandate under Section 29A lies exclusively with the 'court' defined in Section 2(1)(e), not the Section 11 appointing authority. A party waives its right to a three-member tribunal by twice consenting to a sole arbitrator and participating for 18 months. The IBC moratorium does not bar a corporate debtor from initiating arbitration to recover dues.

Section 15, MWPSA 2007 | Appellate Tribunal Void Without Two Non-Official Members: Punjab & Haryana HC
Case Law Analysis
|Punjab and Haryana High Court

Section 15, MWPSA 2007 | Appellate Tribunal Void Without Two Non-Official Members: Punjab & Haryana HC

An appellate order under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, is void if passed by a single District Magistrate without the two mandatory non-official members mandated by Haryana’s 2020 notification. This ruling reinforces that quasi-judicial tribunals must strictly adhere to statutorily prescribed composition - affecting senior citizens’ appeals, district magistrates, and administrative compliance across Haryana and Punjab.

Coram Non Judice | Eviction Orders Under Maintenance Act Void if Tribunal Improperly Constituted : Punjab & Haryana HC
Case Law Analysis
|Punjab and Haryana High Court

Coram Non Judice | Eviction Orders Under Maintenance Act Void if Tribunal Improperly Constituted : Punjab & Haryana HC

The Punjab and Haryana High Court ruled that eviction orders under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, passed by a tribunal lacking the mandated three-member bench, are null and void. The court emphasized strict adherence to procedural composition, remanding the matter for fresh adjudication before a legally constituted authority.