Section 421: Appeal from orders of Tribunal
This section is for outlining the process of appealing against orders of the Tribunal to the Appellate Tribunal.
The section, clause by clause
What the section says
In plain terms
(1)Any person aggrieved by an order of the Tribunal may prefer an appeal to the Appellate Tribunal.
A person who is unhappy with a Tribunal order can appeal to the Appellate Tribunal.
(2)No appeal shall lie to the Appellate Tribunal from an order made by the Tribunal with the consent of parties.
If all parties agree to a Tribunal order, there can be no appeal to the Appellate Tribunal.
(3)Every appeal under sub-section (1) shall be filed within a period of forty-five days from the date on which a copy of the order of the Tribunal is made available to the person aggrieved and shall be in such form, and accompanied by such fees, as may be prescribed:
An appeal must be filed within 45 days of the Tribunal order being made available, but the Appellate Tribunal can consider a late appeal within a further 45 days if there is a good reason for the delay.
provisoProvided that the Appellate Tribunal may entertain an appeal after the expiry of the said period of forty- five days from the date aforesaid, but within a further period not exceeding forty-five days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within that period.
(4)On the receipt of an appeal under sub-section (1), the Appellate Tribunal shall, after giving the parties to the appeal a reasonable opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against.
The Appellate Tribunal will hear the parties and then make a decision on the appeal, which can confirm, change or cancel the original order.
(5)The Appellate Tribunal shall send a copy of every order made by it to the Tribunal and the parties to appeal.
The Appellate Tribunal will send a copy of its decision to the Tribunal and all parties involved in the appeal.
The right-hand column is written from the section text, not quoted from it, and it has no legal force. Where the two differ, the left-hand column is the law.
Amendment notes
- 1. Subs. by Act 31 of 2016, s. 255 and the Eleventh Schedule, for sub-section (4) (w.e.f. 15-11-2016).
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Reproduced from the official India Code print for reference. Check the current text on India Code before you rely on it, and read the section alongside its Rules. Nothing here is legal advice.