Skip to main content

Posts

Showing posts from June 23, 2020

Testing Orders of the Court, etc, at the benchmark of Jurisdictions and Findings

Whilst various grounds are available under the law, the Orders of the Court / Tribunals / Authorities, may be tested at the touchstone of two broad benchmarks – one – the Jurisdictional errors and second – errors in findings on facts. First, let us look at Jurisdictional benchmarks. Jurisdiction essentially means legal powers to act. 1.     The Jurisdiction starts with proper constitution of the Members of the Tribunal / Court / Authority. Therefore, the Order of the Court, etc must emanate from a validly constituted Tribunal. One of the important aspect of constitution of Tribunal is, the judge should not have a pecuniary or personal interest in the lis (Litigation) which is presented before it for adjudication, nor should have a bias in favour or against any of the litigant who are before it for decision on their lis. The second important aspect is the statutory compliance to its constitution, if there is any. 2.     Second critical aspect...