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1994 (8) TMI 181

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..... ns and experience to be prescribed, has been well met. So the petition has served its purpose well, as stated in the opening paragraph of the judgment. It may be put on record that the qualifications as amended in 1994 do leave sufficient room for appointment of persons with judicial experience as a Judicial Member of the Board. This has not been disputed by Shri Satish Chandra. - CIVIL WRIT PETITION NO. 679 OF 1992 - - - Dated:- 1-8-1994 - A.M. AHMADI AND B.L. HANSARIA, JJ. Satish Chandra and Sarat Chandra for the Petitioner. Altaf Ahmad, S.A. Matto, Hemant Sharma, P. Parameswaran and Ms. A. Subhashini for the Respondent. JUDGMENT Hansaria, J. This petition under article 32 of the Constitution challeng-ing .....

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..... titutes of the High Court, whereas the Board is not so, which would be apparent from the fact that an appeal from the orders of Board has been provided to the High Court by section 10F of the Act inserted in the principal Act by section 5 of the Act, whereas from the judgment and order of the administrative tribunals as set up by the aforesaid Act no appeal lies to the High Court. Moreover, the Administrative Tribunals Act has even taken away the constitutional power of the High Courts under article 226/227 of the Constitution because of what has been provided by article 323A; and so, this court felt called upon to examine the legislative competence of the Administrative Tribunals Act. The position here is entirely different - S.P. Sampa .....

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..... are ordinarily required to have sittings at places mentioned in sub-regulation (2) these being in Northern, Southern, Eastern and Western regions. Sub-regulation (1) has further stated that all proceedings, other than those required to be before the principal Bench under regulation 4, shall be instituted before the Bench within whose jurisdiction the registered office of the company is situated. It is well-known that the registered offices of the vast majority of important companies are either in Calcutta, Bombay, Madras or New Delhi, which have been named by sub- regulation (3), as the places where the regional Benches of the Board shall ordinarily sit. The proviso has further stated that the Bench may, at its discretion, hold its sitting .....

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