respondent to the effect that the Tribunal not being constituted under Article 323B of the Constitution of India and being creature of the statute ... before us is not at all warranted by the provisions of Article 323B inserted by the Constitution (42nd Amendment) Act 1976, which clearly contemplated constitution
respondent to the effect that the Tribunal not being constituted under Article 323B of the Constitution of India and being creature of the statute ... before us is not at all warranted by the provisions of Article 323B inserted by the Constitution (42nd Amendment) Act, 1976, which clearly contemplated constitution
hold that Clause 2(d) of Article
323A and Clause 3(d) of Article 323B , to the extent they exclude the jurisdiction
of the High ... powers conferred
by Articles 226/227 and 32 of the Constitution. The Tribunals created under
Article 323A and Article 323B of the Constitution are possessed
neutral appellate
mechanism had been enabled by the incorporation of Article 323B in
the Constitution by the Forty Second Amendment which, inter alia,
included ... appellate hierarchy itself, cannot but have been intended to
conform to Article 323B of the Constitution also. We may, indeed,
conjecture that perception of blurred
remedy before constitutional courts even for some
deserving litigants. However, when Article 323B(1) of the
Constitution read with Article 323B(3)(b) and entry ... assign to a revisionary authority the
functions that are stated in Article 323B(2)(a); incorporation of
statutory provisions such as Section 129DD
hold that Clause 2(d) of Article 323A and
Clause 3(d) of Article 323B , to the extent they exclude the jurisdiction of the High ... powers conferred by Articles 226/227 and 32 of the
Constitution. The Tribunals created under Article 323A and Article 323B of the Constitution are
possessed
hold that Clause 2(d) of Article
323A and Clause 3(d) of Article 323B , to the extent they exclude the jurisdiction
of the High ... powers conferred
by Articles 226/227 and 32 of the Constitution. The Tribunals created under
Article 323A and Article 323B of the Constitution are possessed
This Tribunal was set up by exercising the power conferred by Article 323B of the Constitution as noted in para 26 of the Apex court ... TAXINDIAONLINE-159-SC-CONSTITUTION, 1997 (92) ELT 318 (SC). Article 323B(1) provides that the Parliament may, by law, provide for such a Tribunal
position settled therein, that this Tribunal is constituted under Article 323B of the Constitution.
h) Proceedings under a provision being strike down as ultra-vires
presiding Head of a Judicial Tribunal constituted under Article 323B of the Constitution of India. Thus on the ground of want of jurisdiction, therefore
