General FAQ
1. How the Tribunal is different from other courts open para

Tribunals generally have many features that are similar to courts, for example: * Tribunals, like courts, are independent. They are separated from the executive and legislative branches of government. * Tribunals and courts are open to the public. * Tribunals and courts have a duty to be transparent by providing reasons for their decisions. * Parties have the right to appeal against decisions of courts and tribunals. Some examples of the differences between courts and tribunals include: * Tribunals have a more relaxed approach to the rules of evidence than courts. * Tribunals encourage and often require parties to speak on their own behalf. Lawyers are only permitted in special circumstances. * Tribunals often specialise in resolving disputes in a particular area. Courts generally have the power to hear a much broader range of cases. * It is usually much cheaper to resolve a dispute at a tribunal rather than have it litigated at court. To summarize: A court process is designed, for example, to resolve, through adversary presentation and testing of evidence and argument, disputes about facts and law. Sometimes that will require very formal, structured presentation of evidence and arguments. Tribunal procedure by contrast is usually less formal, with the rules of evidence being relaxed in almost all cases. Tribunals are sometimes expected to take an active inquisitorial role in contrast to a more passive court which is dependent on the parties to bring the relevant material before it. They are still however bound by the principles of natural justice. Tribunals often are more accessible and less costly and allow a greater range of individual and public participation. In the courts a party who wishes to be represented usually is required to engage a lawyer. Tribunals frequently operate without the assistance of lawyers and indeed the use of lawyers is prohibited or limited in some tribunals concerned with private law matters in the interests of informality and lower costs.

2.Why the Administrative Tribunal has a judge as the Chairman while the Appellate Tribunal has an Administrative Officer as its Chairman? open para

Other Tribunals including Administrative Tribunals have judges as Chairmen and non-judicial members mostly provide the technical expertise. It is to be noted that most of these Tribunals are also quasi-judicial bodies. But KAT is not headed by a judge but is a fully judicial body.

3. What can you expect from the KAT ? open para

KAT is the final appellate authority. Orders of the KAT are appealable only in High Court. Generally High Court does not entertain directly filing an appeal by passing the KAT. KAT's powers include conductingspot inspection. Any reference under any act under Section 5 of the KAT are heard by the KAT. It may be noted that before the State Information Commission was set up , it was functioning as an Appellate Authority

4. What actions of Government Departments can be challenged ? open para

Any decision taken / referred under Section 5 of the KAT Act by any Deaprtment under any Law in force

5. What can you expect from the staff of KAT ? open para

KAT by its nature hears the cases directly represented by the litigants. The KAT Act itself makes it clear that at the the time of filing an appeal,the designated officer is supposed to advice the litigant to rectify all formal requirements

6. What you should not expect from the staff of KAT ? open para

No one in KAT should give any legal advice for any case. But they can give information regarding procedure and forms

7. What languages are allowed ? open para

Both English and Kannada could be used formaking written submissions and during hearing. Documents in other languages are allowed along with certified translation

8. Are the hearings of the Tribunal open to any citizen ? open para

Tribunal hearings are open to anyone. But the physical availability of space restricts the total number of people

9.What percentage of orders of the Tribunal get modified by Higher Courts ? open para

Normally this is a good indicator. But details are not available as of now

10. Can you contact the Members? open para

No. You cannot contact any Member directly or indirecty regarding your case at any time. This means you cannot contact them by phone, letter, e-mail or in person

CASE RELATED FAQ
1.What are the different types of cases taken up by the KAT ? open para

Appeal, miscellaneous application, revision, reference, review or rectification are taken for adjudication by the Tribunal

2.How to file an appeal, petition etc ? open para

Regulations.3 and 4
.
Every Appeal or Petition shall be signed by the appellant or petitioner, as the case maybe, or by his agent or pleader.

4. (a) Every appeal other than an appeal under the! Karnataka Sales Tax Act, 1957, Central Sales Tax Act 1956 and Karnataka Agricultural Income Tax Act, 1957 or petition shall—

(i) be either typewritten or legibly written in ink, English or in Kannada;

(ii) specify the name, father's name, age, occupant and postal address of the appellant, or petitioner and of the respondent as the case may be;

(iii) state the provision of law under which it is presented ;

(iv) contain a brief statement of the facts of the case;

(v)state the grounds of appeal or petition and the relief claimed;

and (vi) state how the appeal or petition is in time.

(c) If the appeal or petition is filed after the period of limitation, it shall be accompanied by an application for condonation of the delay supported by an affidavit

3. What documents to be given open para

Regulation 5

5. (a) Every appeal or petition shall be accompanied by

(i) a copy of the judgment or order or award served on the party by the authority or a certified copy thereof in respect .of which the appeal or petition has been presented;

(ii) certified copy of the judgment or order of the Tribunal in the case of a review petition;

(iii) application, if any, for condonation of delay and or stay of operation of the impugned order accompanied by an affidavit; and

(iv) as many copies of the memorandum of appeal or petition as there are respondents:

Provided that in the case of a miscellaneous applicat-ion no certified copy of the impugned order need be filed.

(b) in addition to the requirements in clause (a) there shall be filed in every case three paper books each contai¬ning a true copy of each of the documents mentioned in sub-clauses (i) to (iii) of clause (a)

4. What type of surutiny is done at the time of receiving the documents ? open para

Regulation 9

9. (a) On presentation of the appeal or petition, the Secretary shall endorse on it the date of its receipt He shall then examine it to see if it is file^ within the time prescribed under the statute, Rules or these Regulation] and conforms to the provisions of the relevant Act, Rule! and Regulations and any other law for the time being | force applicable to such appeal, application or petition

(b) If the appeal or petition is made after the! expiry of the period of limitation, the Secretary shall place the same before a Single Member or a Bench. The Member or the Bench if he or it is, prima facie, satisfied! that the appellant or petitioner was prevented by sufficient cause from presenting the same within the period prescribed by law, keep the question of limitation open and admit the appeal or petition.

5 Are there any presribed format ? open para

Please read Regulation 4

6.Whether hand written submissions accepted ? open para

Legibbly written in ink is allowed. See Regulation 4a(i)

7. How many sets of documents to be given ? open para

One for each Respondent + 3 more copies for the Tribunal . See Regulation 5

8. What are the fees to be paid while filing a case ? open para

Please read Rule 9 and Regulation 23 to 25,

Rule 9. Payment of Process Fees:In respect of process to be issued from the Tribunal, the fee shall be payable by the party at whose instance such process is to be served. Such fee shall be paid in the form of Court fee stamps at the rates specified below-Ordinary: For each summons or notice to be sent by registered post or by"Muddam Rs. 4. Emergent When required.to be sent immediately by registered post or by Muddam Rs, 8.

Regulations 23 to 25 23.

The process fee for the issue of notice shall be as prescribed under the Karnataka Appellate Tribunal Rules in force,

24. The process fee ^hall be paid in the shape of court fee stamps along with oblong addressed envelopes.

25. Whenever the Tribunal directs the issue of fresh notice in any case, the party liable to pay the process fee shall furnish the same within ten days from the date of the order failing which the papers shall be placed before a Member or the Bench for orders. The Member or the Bench may either dismiss the appeal or petition against the respondents concerned or extend the time for pay-ment of the process fee.

9.What acknowledgments are given? open para

See Regulation 9 (a)

10.Can a citizen argue his case without engaging a legal counsel ? open para

Certainly . Thios is also one of the most important features of any tribunal

11. Whether corrections can be made immediately after the submission of filing a case ? open para

{lease see Regulation 10

12.Who are the staff who are expected to give assistance, information etc ? open para

Will be made available shortly

13.How to access records of the Tribunal ? open para

Regulation 84

84. Any person who has a right to inspect the records under the provisions of the Indian Evidence Act, 1872 or any other law for the time being in force shall make an application in writing to the Secretary stating therein the purpose for which the said request is made. The fees for the inspection of the record and proceedings of any case or any document therein shall be Rs. 2 for every day or part thereof on which the inspection is allowed except on the day of hearing. No inspection of any records of the Tribunal shall be allowed by the Secretary except in the presence of an officer of the Tribunal.

14.Who are the staff who are expected to give assistance, information etc ? open para

Will be made available shortly

15.Is therea presribed format for scrutiny open para

Will be made available shortly




Scrutiny based FAQ will be added here shortly




Higher Courts' Decisions of Help to Litigants Appearing on their Own

Opportunity to Parties : Party likely to be affected entitled to opportunity of hearing before exercise of power of review ILR 1995 KAR 1871



Power to Review or Recall Order: Where order palpably wrong and if allowed to remain results in abuse of process of court or miscarriage of Justice ILR 1995 KAR 2483



Power to correct an error caused by fraud is available : (2000) 3: Supreme court Cases 581 Civil appeal No 2087 of 2000



Regarding Service of notice : Improper ways of service of notice 1998(2) KLJ 435, Proper Ways : 1976(1) KAR 380



State Government while discharging quasi-judicial functions bound to follow the rulings of High Court 1976(1) KAR 380



Persons espousing on Public Cause need not own the land or cattle : ILR 2000 KAR 1072



Role of Government when power isdelegated and rules are framed for exercise of that power Order passed under direction or dictation of superior authority 2000(1) KLJ 120



Ensuring land to be used only for the special purpose for which it is cretaed ILR 2005 KAR 5437 Safeguarding notified lands Mysore Law Journal 249



Powers of KAT :



What a litigant is entitled to get when he approaches the Court 2000(1) KCCR 231 (DB) Lawful posession ILR 2003 KAR 762



Effect of unexplained delay on relief in spite of merit AIR 1992 SC 1417 General law of limitation vs Specific Statute limitation 1997 (6) SC Cases 73








Please watch this column which answers these questions by using Various Acts and judgments of Courts