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Union Of India vs Employees Provident Fund Tribunal Bar ... on 10 November, 2017

Experience has shown that the judgments right from L. Chandra Kumar (supra) to Madras Bar Association, 2010 (supra) have not been complied with by the Union in letter and spirit. Citizens of this country cannot be denied justice which is the first promise made in the Preamble. Therefore, I am of the view that in whichever State/Union Territory the bench of a particular tribunal is not established or functioning, the litigants of that State will have a right to invoke the extraordinary writ jurisdiction of the 29 jurisdictional High Court under Article 226 of the Constitution for redressal of their grievances. They cannot be expected to go to far off distant places and spend huge amounts of money, much beyond their means to ventilate their grievances. The alternative remedy of approaching a tribunal is an illusory remedy and not an efficacious alternative remedy. The self-imposed bar or restraint of an alternative efficacious remedy would not apply. Such litigants are entitled to file petitions under Article 226 of the Constitution of India before the jurisdictional High Court.
Supreme Court - Daily Orders Cites 0 - Cited by 33 - Full Document

Yogendra Kumar Jaiswal Etc. vs State Of Bihar . on 10 December, 2015

We are, therefore, of the view that the Three Judge Bench judgment of this Court in Mohd. Saeed Siddiqui [Mohd. Saeed Siddiqui v. State of U.P., (2014) 11 SCC 415] and Two Judge Bench judgment of this Court in Yogendra Kumar Jaiswal [Yogendra Kumar Jaiswal v. State of Bihar, (2016) 3 SCC 183 : (2016) 2 SCC (Cri) 1] do not lay down the correct law. We, thus, conclude that the decision of the Speaker certifying the Aadhaar Bill as Money Bill is not immuned from Judicial Review.‖ (Emphasis supplied) Justice Ashok Bhushan then held on merits that the Bill had been correctly passed as a Money Bill.
Supreme Court - Daily Orders Cites 215 - Cited by 60 - D Misra - Full Document

Anita Kushwaha vs Pushap Sudan on 19 July, 2016

In my view, one of the reasons why the tax tribunals have been successful is that the recruitment of members of these tax tribunals is normally done at 14 Anita Kushwaha v. Pushap Sudan, (2016) 8 SCC 509 23 a younger age and there is scope of career progression not only within the tribunal but also from the tribunals to the High Courts. This can only happen if we recruit younger and competent people rather than retired persons. Another reason for the success of the tax tribunals is that the litigant is either the revenue or an assessee, both of whom have the wherewithal to fight cases. Similarly, in administrative tribunals it is government servants mainly who are involved. Commercial tribunals also deal with the litigants who normally have sufficient finances. But now we have other tribunals like the NGT which may be approached by poor villagers.
Supreme Court - Daily Orders Cites 49 - Cited by 85 - T S Thakur - Full Document
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