Tribunal Procedure and Representation Quiz

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Questions and Answers

Where are the notices to be served and registers and other records to be maintained?

  • At the office of the Secretary
  • At the Madras High Court
  • At the office of the Chief Cashier of the Southern Railway
  • At the headquarters of the Tribunal (correct)

What is the procedure for responding to a complaint or application filed with the Tribunal?

  • Within 60 days, file an answer with the office of the Tribunal's Secretary
  • Within 60 days, file an answer with the Chief Cashier of the Southern Railway.
  • Within 30 days, file an answer with the Madras High Court.
  • Within 30 days, file an answer with the Secretary of the Tribunal. (correct)

How much is the provisional deposit required for the charges of service of notice and paper book preparation?

  • Rs. 250/-
  • Rs. 100/-
  • Rs. 150/- (correct)
  • Rs. 200/-

In which mode(s) can the provisional deposit be remitted?

<p>Cash, Money Order, Crossed Postal Order, Crossed Bank Draft (D)</p> Signup and view all the answers

Where is the Tribunal located according to the text?

<p>No. 3, Victoria Crescent Road, Madras-600105 (C)</p> Signup and view all the answers

When does the appointment of a representative take effect?

<p>From the date the appointment order is filed with the Secretary. (A)</p> Signup and view all the answers

Who is NOT allowed to be appointed as a representative?

<p>A former Member of the Tribunal. (A)</p> Signup and view all the answers

How can a party revoke or vary the appointment of a representative?

<p>By filing a written declaration with the Tribunal. (C)</p> Signup and view all the answers

Which of the following can sign documents on behalf of a body corporate?

<p>The Chairman, President, Managing Director, General Manager or Secretary. (D)</p> Signup and view all the answers

Who can verify a pleading on behalf of the Central Government?

<p>A Secretary, Joint Secretary, Deputy Secretary, or Under Secretary to the Government. (B)</p> Signup and view all the answers

What is the role of the Secretary in the appointment of a representative?

<p>To receive and file the written appointment order. (B)</p> Signup and view all the answers

What is the purpose of verification of a pleading?

<p>To confirm that the information in the pleading is accurate and truthful. (D)</p> Signup and view all the answers

What is the minimum number of copies required for an answer submitted to the Tribunal, assuming there are 3 parties involved?

<p>9 (A)</p> Signup and view all the answers

What happens when a respondent fails to submit a complete answer, including the necessary deposit, within the allowed timeframe?

<p>The Secretary presents the incomplete answer to the Tribunal for orders. (C)</p> Signup and view all the answers

Which of the following is NOT a valid reason for the Tribunal to allow an amendment to a pleading?

<p>To add new parties. (C)</p> Signup and view all the answers

What is the purpose of the deposit of Rs. 150 mentioned in the regulations?

<p>To cover expenses related to service and preparation of documents. (C)</p> Signup and view all the answers

Who is responsible for marking the date and initials on a received answer?

<p>The Secretary (C)</p> Signup and view all the answers

Which of the following is NOT a requirement for a party presenting documents during the hearing?

<p>Paying a fee for each document submitted. (A)</p> Signup and view all the answers

What is the main purpose of the amendment of a pleading?

<p>To ensure a fair and clear resolution of the case. (B)</p> Signup and view all the answers

What happens to the copies of the answers received from the respondents?

<p>They are distributed to all parties and the Tribunal. (C)</p> Signup and view all the answers

What is the role of the Tribunal in the process of presenting documents?

<p>To decide which documents are relevant to the case and to order their production. (A)</p> Signup and view all the answers

Who decides the time for presenting a reply or an additional reply to a pleading?

<p>The Tribunal (C)</p> Signup and view all the answers

When can a complaint be withdrawn according to the text?

<p>At any stage after the complaint is filed. (D)</p> Signup and view all the answers

What is the purpose of the public notice mentioned in the text?

<p>To allow interested parties to join the proceedings. (B)</p> Signup and view all the answers

What is the purpose of the respondent's answer according to the text?

<p>To present a detailed response to the allegations in the complaint. (B)</p> Signup and view all the answers

What is mentioned in the public notice when there are persons with the same interest as the complainant or respondent?

<p>The fact that these persons exist and have the same interest. (B)</p> Signup and view all the answers

Who bears the cost of publishing the public notice?

<p>The complainant. (A)</p> Signup and view all the answers

What happens to the fee paid by the complainant when the complaint is withdrawn before the answer is filed?

<p>It is refunded. (D)</p> Signup and view all the answers

What must the parties do if they reach a compromise after filing a complaint?

<p>Inform the Tribunal immediately and wait for further instructions. (D)</p> Signup and view all the answers

What is the purpose of a public notice in this scenario?

<p>To allow any interested parties to join the proceedings. (D)</p> Signup and view all the answers

When does the Tribunal pass orders concerning the complaint?

<p>At various stages, including after the complaint is filed, the answer is filed, or a settlement is reached. (C)</p> Signup and view all the answers

If a change in personnel prevents the Tribunal from concluding proceedings, what can the succeeding Tribunal do?

<p>Resume the proceedings from where the previous Tribunal left off. (B)</p> Signup and view all the answers

What authority does the Tribunal have in relation to the bill of costs?

<p>They can correct the bill of costs if necessary. (A)</p> Signup and view all the answers

When can clerical or arithmetical errors in a Tribunal decision be corrected?

<p>At any time, either by the Tribunal or on the application of a party. (B)</p> Signup and view all the answers

What is the Tribunal's authority in relation to defects or errors in proceedings?

<p>They can amend any defect or error in proceedings, subject to specific terms. (B)</p> Signup and view all the answers

Which of the following are NOT considered interlocutory orders?

<p>Permanent injunctions. (A)</p> Signup and view all the answers

In which circumstance can the Tribunal abridge the time limit for a particular action?

<p>When it is in the interest of justice to do so. (A)</p> Signup and view all the answers

When calculating time limits, how is the first day treated?

<p>It is excluded from the calculation. (A)</p> Signup and view all the answers

What happens if the Tribunal's office is closed on the last day of a prescribed time limit?

<p>The time limit is considered to be up on the last day, even if the office is closed. (C)</p> Signup and view all the answers

Who is responsible for preparing the initial bill of costs?

<p>The Secretary of the Tribunal. (B)</p> Signup and view all the answers

What is the role of "ex parte" orders?

<p>They are used to dismiss cases without hearing both parties. (D)</p> Signup and view all the answers

Which of the following is the most accurate description of 'Intervener' as defined in these regulations?

<p>A person who is allowed to participate in a proceeding by the Tribunal. (C)</p> Signup and view all the answers

Based on the text, the Tribunal's authority to make regulations originates from which section of the Railways Act, 1989?

<p>Section 48. (B)</p> Signup and view all the answers

Based on the definition of 'Pleading,' what can be considered a 'Pleading' under these regulations?

<p>A formal complaint filed by a person alleging wrongdoing by the Railway Administration. (B)</p> Signup and view all the answers

Which of the following statements is TRUE regarding the commencement of these regulations?

<p>The regulations came into effect on the date of commencement of the Railways Act, 1989. (A)</p> Signup and view all the answers

What is the purpose of the 'Code' as defined within these regulations?

<p>To provide specific guidelines for conducting legal proceedings. (A)</p> Signup and view all the answers

Based on the text, what is the implication of the phrase 'in supersession of the Railway Rates Tribunal Rules, 1959' in the notification?

<p>The Railway Rates Tribunal Rules, 1959, were deemed outdated and replaced by the new regulations. (D)</p> Signup and view all the answers

What is the legal basis for the public notice mentioned in the text?

<p>Sub-regulations (3) and (4) of Regulation 19 of the Railway Rates Tribunal Regulations, 1990 (D)</p> Signup and view all the answers

Why are the parties with "the same interest" in the proceedings to be notified?

<p>To provide an opportunity for these parties to join the case, either in support or opposition to the relief sought. (A)</p> Signup and view all the answers

If an individual wants to intervene in the proceedings, what must they do?

<p>Provide a written petition to the Tribunal outlining their interest and position on the matter. (D)</p> Signup and view all the answers

Within what timeframe must a person petition the Tribunal to intervene in the proceedings?

<p>Within 30 days of the publication of this notice. (B)</p> Signup and view all the answers

What is the significance of the Tribunal's decision after a public notice?

<p>It is binding on all parties with similar interests, whether they intervened or not. (B)</p> Signup and view all the answers

In the event of a vacation, what is the specific provision regarding the operation of The Tribunal's office?

<p>The office shall remain open despite the vacation and continue its normal business. (D)</p> Signup and view all the answers

What happens to documents admitted in evidence after the disposal of a proceeding?

<p>They are returned to the party concerned via different methods, including direct delivery or registered post. (B)</p> Signup and view all the answers

Under what condition can documents admitted in evidence be returned earlier than after the disposal of the proceedings?

<p>If the party provides a certified copy, agrees to produce the original upon request, and delivers this document to the Secretary. (C)</p> Signup and view all the answers

What happens to documents not admitted in evidence?

<p>They are returned to the parties who provided them, irrespective of the final outcome of the proceedings. (A)</p> Signup and view all the answers

How are certified copies of the Tribunal's proceedings charged?

<p>They are charged at the same rate as certified copies in the Madras High Court, ensuring consistency and fairness. (D)</p> Signup and view all the answers

How can parties pay the fees due to the Tribunal?

<p>Through various methods, including cash payment at the office, money orders, or bank drafts. (B)</p> Signup and view all the answers

In the context of time limits, how is the first day treated?

<p>The first day is excluded from the calculation, providing an additional day for parties to complete the required actions. (C)</p> Signup and view all the answers

In what scenario does the Tribunal NOT allow evidence to be provided through an affidavit?

<p>When the witness is unable to be produced for cross-examination, despite the party's bona fide desire for their appearance. (C)</p> Signup and view all the answers

In the absence of a compelling reason, what is the required number of copies of documents to be produced by a party for the hearing, assuming there are four parties involved in the case, excluding the Tribunal?

<p>19 (A)</p> Signup and view all the answers

Given the regulations, which of these scenarios is most likely to result in a pleading being considered defective by the Secretary?

<p>A party submits a pleading with insufficient copies for the other parties, but includes all the required copies for the Tribunal. (D)</p> Signup and view all the answers

Which statement accurately reflects the Tribunal's authority regarding pleadings submitted by the parties?

<p>The Tribunal can order an amendment of a pleading even if such an amendment is likely to prejudice the other parties, as long as it helps determine the real issues in dispute. (C)</p> Signup and view all the answers

What is the most accurate statement reflecting the process of serving copies of the respondents' answers?

<p>The Secretary is responsible for serving the copies of the answers on the complainant and any other party specified by the Tribunal, after scaling and initiating the copies. (C)</p> Signup and view all the answers

Based on the regulations, which of the following scenarios is LEAST likely to be determined by the Tribunal as a valid reason for allowing subsequent pleading?

<p>A party wishes to introduce completely new allegations against another party that weren't part of the original complaint, but are relevant to the overall case. (C)</p> Signup and view all the answers

Based on the information provided, which of the following is NOT a valid action the Tribunal can take regarding the cost of the proceedings?

<p>The Tribunal can, based on its own discretion, authorize any changes to the bill of costs prepared by the Secretary. (A)</p> Signup and view all the answers

Which of the following statements accurately reflects the requirement for copies of the answer submitted to the Tribunal?

<p>The required number of copies includes twice as many copies as there are parties, plus three additional copies for the use of the Tribunal. (D)</p> Signup and view all the answers

Which of the following scenarios most closely aligns with the regulations' provision for 'subsequent pleading'?

<p>A party, after receiving a copy of another party's answer, decides to submit a new response, denying the allegations raised in the received answer. (C)</p> Signup and view all the answers

According to the regulations, which entity has the primary responsibility for ensuring the copies of the answers are served on the appropriate parties?

<p>The Secretary is responsible for serving copies of the answers on the complainant and any other party the Tribunal directs. (C)</p> Signup and view all the answers

What is the main purpose of the "Provided that..." clause in paragraph (3)?

<p>To ensure that parties have the opportunity to cross-examine witnesses. (B)</p> Signup and view all the answers

In which situation is the Tribunal allowed to accept evidence based on belief?

<p>In interlocutory proceedings, when the witness explains the grounds for their belief. (D)</p> Signup and view all the answers

What does the Tribunal do after hearing evidence and arguments?

<p>Decide on a future date for giving its decision. (A), Immediately give its decision. (C)</p> Signup and view all the answers

Who is responsible for administering an oath to a person preparing an affidavit?

<p>Any official of the Tribunal empowered by the Chairman. (B)</p> Signup and view all the answers

How is information collected from witnesses during oral evidence in a language other than English?

<p>The Tribunal appoints an interpreter to translate the evidence into English. (A)</p> Signup and view all the answers

Which of the following is a power granted to the Tribunal regarding the cost of proceedings?

<p>The Tribunal can order payment of costs by either party or both parties. (A)</p> Signup and view all the answers

What is the purpose of the "scale of fees" mentioned in the regulations?

<p>To guide the Tribunal in deciding the amount of costs to be awarded to a party. (C)</p> Signup and view all the answers

Which of the following can the Tribunal do in case of errors in its decisions?

<p>The Tribunal can correct clerical or arithmetical errors in its decisions. (D)</p> Signup and view all the answers

What is the main purpose of paragraph (4) in the regulations?

<p>To define the scope of admissible evidence in affidavits. (D)</p> Signup and view all the answers

What is the purpose of the "operative part" of the decision mentioned in paragraph (2) of Section 46?

<p>To state the final order or decision made by the Tribunal. (A)</p> Signup and view all the answers

What happens to documents that are admitted in evidence after the proceedings are concluded?

<p>They can be returned to the party with conditions. (D)</p> Signup and view all the answers

What is required for a party to receive certified copies of the record?

<p>Payment of a fee as specified by the Tribunal. (B)</p> Signup and view all the answers

What must a party do to have a document returned earlier than the conclusion of the proceedings?

<p>Deliver a certified copy and an undertaking. (C)</p> Signup and view all the answers

How should all payments to the Tribunal be made?

<p>In cash or by specified financial instruments. (C)</p> Signup and view all the answers

What is the purpose of a public notice published by the Tribunal?

<p>To announce the filing of a complaint and invite interventions (C)</p> Signup and view all the answers

What happens to the fee paid by the complainant if the complaint is withdrawn before an answer is filed?

<p>It is fully refunded (D)</p> Signup and view all the answers

What should both parties do if they come to a compromise regarding the complaint?

<p>Notify the Tribunal of the compromise (D)</p> Signup and view all the answers

How should the respondent's answer be structured according to the regulations?

<p>It needs to be divided into numbered paragraphs (D)</p> Signup and view all the answers

When the Tribunal publishes a public notice, what must it include regarding other individuals?

<p>A statement about their similar interests (D)</p> Signup and view all the answers

What is the role of the Tribunal after receiving notice of a compromise between parties?

<p>To pass suitable orders disposing of the complaint (C)</p> Signup and view all the answers

If the public notice mentions other interested persons not on the record, what is the implication of the Tribunal's decision?

<p>It extends to all persons with similar interests (A)</p> Signup and view all the answers

What is one of the purposes for the Tribunal to examine the parties before the hearing?

<p>To narrow down issues between the parties (C)</p> Signup and view all the answers

Which of the following can the Tribunal NOT do when amending issues?

<p>Introduce entirely new parties to the dispute (D)</p> Signup and view all the answers

What must a petition for leave to intervene include?

<p>The grounds and position of the petitioner (A)</p> Signup and view all the answers

Once leave to intervene is granted, what is the intervener required to do within 7 days?

<p>File their pleading conforming to specified regulations (B)</p> Signup and view all the answers

What does the Tribunal communicate after the issues are settled?

<p>The day, time, and place for the hearing (A)</p> Signup and view all the answers

What is the amount that must be deposited by an intervener when intervening in support of the complaint?

<p>Rs. 250 (B)</p> Signup and view all the answers

Which of the following is NOT a matter the Tribunal may consider during its examination of parties?

<p>Determining the burden of proof (D)</p> Signup and view all the answers

What is one function the Tribunal may perform related to issues before the decision is given?

<p>Amend or frame additional issues as necessary (A)</p> Signup and view all the answers

What information must be detailed in the public notice regarding potential interveners?

<p>The interests and positions of the parties involved (D)</p> Signup and view all the answers

What action can the Tribunal take if a witness fails to attend as required?

<p>Attendance may be enforced using legal provisions. (D)</p> Signup and view all the answers

What may the Tribunal do at any stage of the hearing?

<p>Summon any person for evidence or documents. (A)</p> Signup and view all the answers

What must happen if the complainant does not appear at the appointed time?

<p>The complaint may be dismissed or heard in the absence of the complainant. (C)</p> Signup and view all the answers

Under what condition can the Tribunal order a legal point to be heard before the complaint?

<p>On the application of any party or its own motion. (D)</p> Signup and view all the answers

What is the Tribunal's discretion regarding adjournments of hearings?

<p>Adjournments can only be granted for sufficient reasons at the Tribunal's discretion. (B)</p> Signup and view all the answers

What may the Tribunal decide if both parties fail to appear at an adjourned hearing?

<p>The Tribunal may dismiss the complaint or decide it 'ex parte'. (C)</p> Signup and view all the answers

Which action may the Tribunal take regarding costs associated with summoning a person?

<p>The Tribunal passes orders regarding the costs of summoning. (C)</p> Signup and view all the answers

What classification does the Tribunal give to the hearings of complaints?

<p>Open Court hearings. (B)</p> Signup and view all the answers

What does the Tribunal prioritize during the course of the hearing process?

<p>Speedy proceedings as much as practicable. (C)</p> Signup and view all the answers

When is the Tribunal allowed to order further evidence?

<p>At any stage of the hearing from any party. (C)</p> Signup and view all the answers

Flashcards

Appointment of Representative

A party can appoint anyone as their representative in proceedings by filing an order with the Secretary.

Revocation of Appointment

The party can revoke or change their representative by submitting a written declaration to the Secretary.

Order III Application

The provisions for representatives relate to Order III of the First Schedule of the Code.

Document Authentication

Documents may be signed by authorized individuals such as partners or corporate officers.

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Verification of Pleading

Every pleading must be verified by a party or an authorized individual acquainted with the facts.

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Verification Details

The verifier must state what is known personally and what is based on belief, mentioning the date and place.

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Signature Requirements

A verification must be signed and include the verifier's name and address beneath the signature.

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Regulation 19(1)

A rule requiring response to a tribunal complaint within 30 days.

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Court seal custody

The seal of the Tribunal is held by the Secretary.

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Madras High Court rules

These rules can be applied if consistent with the Act and regulations.

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Provisional deposit

An advance payment of Rs. 150 for service costs to the Tribunal.

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Answer submission

Responses to complaints must be submitted with copies to the Tribunal.

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Receipt of Answer

The Secretary marks and initials the receipt date of the answer.

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Answer Compliance

If the answer is non-compliant, the Secretary presents it to the Tribunal.

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Serving Copies

Copies of received answers are prepared and delivered to related parties.

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Subsequent Pleading

No pleadings after the answer without Tribunal permission.

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Reply Requirement

Tribunal may ask for replies and additional copies.

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Amendment of Pleadings

Tribunal can allow amendments to pleadings any time.

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Document Production

Documents must be listed and filed with the Tribunal by a certain date.

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Additional Document Copies

Submit copies of documents equal to number of parties plus three for the Tribunal.

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Tribunal's Document Order

Tribunal can order any party to produce relevant documents.

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Public Notice Requirement

A notice published by the Tribunal for public awareness of a complaint, at complainant's expense.

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Intervention Deadline

Individuals wishing to intervene must petition the Tribunal within 30 days of the public notice.

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Withdrawal of Complaint

The complainant can withdraw their complaint at any stage, with potential cost orders by the Tribunal.

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Fee Refund Policy

If a complaint is withdrawn before answering, the complainant will get a refund of the fee paid.

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Compromise Notification

Both parties must notify the Tribunal if they reach a compromise regarding the complaint.

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Answer Requirement

The response must specifically admit or deny each allegation in the complaint.

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Non-general Denial

Responses should not generalize but directly address each specific allegation made by the complainant.

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Material Facts Statement

The answer must include a clear statement of the material facts the respondent relies on.

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Identification in the Answer

The answer must include the respondent's name, description, address, and that of their representative if applicable.

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Bill of costs

A detailed statement of legal costs prepared by the Secretary, attached to Tribunal decisions.

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Change in personnel of tribunal

A scenario where a new Tribunal can resume proceedings from a previous point if personnel change occurs.

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Rectification of errors

The process of correcting clerical or arithmetical mistakes in the Tribunal's decisions.

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Interlocutory orders

Orders that the Tribunal can pass or vary during proceedings, including temporary injunctions.

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Enlargement of time

The Tribunal's ability to extend deadlines for actions or proceedings as needed based on justice.

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Abridgement of time

The Tribunal's ability to shorten time limits for actions as deemed reasonable for the case.

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Computation of time

How to calculate time limits where the first day is excluded and the last day is included, plus consideration for closings.

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Ex parte decision

A decision made by the Tribunal when one party is not present or has not been heard.

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Correcting bill of costs

The option for the Tribunal or Secretary to adjust the bill of costs if inaccuracies are reported.

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Temporary injunctions

Short-term orders from the Tribunal to stop an action while the case is being decided.

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Railways Act, 1989

The legislation governing railway operations and regulations in India.

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Railway Rates Tribunal

A body established to regulate and adjudicate disputes related to railway rates and services.

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Chairman of the Tribunal

The head individual responsible for overseeing tribunal proceedings.

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Complainant

A person who makes a formal complaint regarding railway services or rates.

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Intervener

A person allowed to join proceedings of the tribunal with permission.

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Pleading

Formal statements made by the complainant or applicant in tribunal proceedings.

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Regulations Commencement

The regulations come into force with the Act's commencement date.

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Holidays and Vacations

The Tribunal observes the same holidays as the Madras High Court, with normal operations during vacations.

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Document Return Process

Documents admitted in evidence can be returned post the proceedings by delivering or sending via registered post.

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Early Document Return

A document may be returned earlier if a certified copy is provided and the party agrees to show the original if needed.

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Receipt for Documents

When a document is delivered to a party, a receipt must be obtained from the recipient as proof of return.

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Non-admitted Documents

Documents not admitted in evidence are not part of the record and must be returned to the parties.

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Certified Copies Access

Parties may obtain certified copies of any part of the proceedings unless specifically ordered otherwise by the Tribunal.

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Payment Methods to Tribunal

All payments to the Tribunal must be made in cash or remitted through specified financial methods like money orders or bank drafts.

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Deposit Refund Process

After a case concludes, the Secretary calculates expenses and either refunds or collects excess funds from parties involved.

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Monies Deposit Rules

All deposits with the Tribunal must be paid in cash or through money orders addressed to specific officials or accounts.

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Document Transaction Risks

When documents are returned by post or parcel, the risk and cost are the responsibility of the receiving party.

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Tribunal's Affidavit Order

The Tribunal can allow proof of facts via affidavit instead of in-person testimony.

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Witness Cross-Examination

A witness must be available for cross-examination unless the Tribunal orders otherwise.

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Scope of Affidavit

An affidavit can only contain facts the witness knows personally, except during interlocutory proceedings.

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Witness Oath Administering

The Tribunal's Chairman can empower officials to administer oaths for affidavit swearing.

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Oral Evidence Recording

Witnesses' oral evidence is recorded in open court in English, with copies signed by officials.

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Interpreter Appointment

The Tribunal can appoint an interpreter for non-English speaking witnesses to ensure correct translation.

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Judgment Delivery

The Tribunal delivers its decisions after considering evidence, either immediately or on a future date.

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Costs Order by Tribunal

The Tribunal can order one party to pay costs associated with the proceedings, even without jurisdiction.

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Scale of Fees

Fees for costs related to Tribunal proceedings are outlined in an appendix.

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Decision Sign-off

The Tribunal's decision must be signed by the Chairman and members before being issued to parties.

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Answer Copies Requirement

Every answer must have twice as many copies as parties plus three extra copies for the Tribunal.

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Scrutiny of Answer

The Secretary marks the date and initials the received answer; non-compliant answers are presented to the Tribunal.

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Subsequent Pleading Permission

No pleadings can be presented after the answer without Tribunal permission.

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Pleading Amendment

The Tribunal can allow amendments to any pleading at any stage.

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Document Production Deadline

All documents must be produced with a list by the set date, and copies equal to parties plus three for the Tribunal are required.

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Service of Answer

Answers are scaled and initialled by the Secretary, then served on the complainant and other relevant parties.

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Good Cause for Document Delay

A party may show good cause for not producing documents on time under Tribunal's terms.

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Leave to Intervene

Permission granted by the Tribunal for additional parties to join a case based on shared interests.

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Tribunal Decision Applicability

Decisions made by the Tribunal after public notice apply to all persons who intervene.

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Grounds for Intervention

The reasons and interests a petitioner must state when seeking to intervene in a case.

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Return of Documents

Documents admitted in evidence may be returned after proceedings by delivery or registered post.

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Compromise of Complaint

If parties settle their dispute, they must notify the Tribunal immediately.

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Answer Specificity

The answer must specifically admit or deny each fact from the complaint, rather than a general denial.

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Intervener Participation

People wanting to support or oppose a complaint can petition to join if noticed within 30 days.

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Examination of Parties

The Tribunal may examine parties before a hearing to clarify issues and procedures.

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Amendment of Issues

The Tribunal can change issues or introduce new ones before making a decision.

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Intervener Definition

An intervener is a person allowed to join tribunal proceedings with permission.

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Petition for Intervention

A formal request to the Tribunal to allow intervention, stating reasons and positions.

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Tribunal's Discretion

The Tribunal has the authority to grant or reject intervention requests based on regulations.

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Intervener's Requirements

Interveners must file pleadings and pay fees within 7 days of being allowed.

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Hearing Date Notification

The Tribunal sets and communicates the hearing date after settling issues.

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Cost Deposits for Intervention

Interveners must deposit Rs. 150 and Rs. 250 for costs when intervening.

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Limitation on Witnesses

The Tribunal may limit the number of witnesses to streamline hearings.

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Summoning Witnesses

The Tribunal can summon anyone to provide evidence or documents needed.

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Witnesses Served with Summons

Witnesses must receive official notice to attend or provide documents at scheduled hearings.

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Enforcing Attendance

Failure to attend a summons may lead to enforcement under legal provisions.

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Further Evidence Request

The Tribunal can request additional evidence from any party at any hearing stage.

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Preliminary Questions of Law

Legal points can be set for hearing before the main complaint hearing with consent.

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Open Court Hearings

All complaints should be heard in open court at scheduled times.

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Default of Appearance

If a party doesn't show up, the Tribunal may dismiss the case or proceed without them.

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Adjournments

Hearings may only be postponed if sufficient reasons are given, with potential costs involved.

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Costs Order

The Tribunal can order one party to cover costs associated with the proceedings.

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Affidavit Order

The Tribunal can authorize proof of facts via affidavit instead of live testimony.

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Study Notes

Railways Rates Tribunal (Procedure) Regulations, 1990

  • Short Title and Commencement:
    • The regulations are called the Railway Rates Tribunal (Procedure) Regulations, 1990.
    • They come into force on the date of commencement of the Act.

Definitions

  • Act: Railways Act, 1989 (24 of 1989)
  • Appendix: Appendix to these Regulations
  • Applicant: Railway Administration making application under Section 45
  • Chairman: Chairman of the Tribunal
  • Code: Code of Civil Procedure, 1908 (5 of 1908)
  • Complainant: Person making a complaint under Section 36
  • Intervener: Person allowed to intervene in a proceeding with the Tribunal's leave
  • Member: Member of the Tribunal
  • Pleading: A complaint under Section 36, an application under Section 45, answer and replies, and grounds for objections.
  • Proceeding: Proceeding before the Tribunal
  • Reference: Reference to the Tribunal by the Central Government under Section 39
  • Representative: Authorised person in writing, including legal professionals (per Advocates Act, 1961 (25 of 1961))
  • Respondent: Person impleaded in a complaint or application
  • Secretary: Person discharging functions as assigned and other functions directed by the Tribunal; includes Assistant Secretary and officer appointed by Tribunal
  • Section: Section of the Act (Act of Parliament)
  • Tribunal: Railway Rates Tribunal set up by the Central Government under Section 33
  • Typographical specifications: All pleadings, affidavits and interlocutory applications must be typewritten or printed on one side and numbered.

Appointment of Representative

  • Appointment: A party can appoint a representative in writing.
  • Effectivity: Appointment takes effect when filed with the Secretary.
  • Restrictions: A Tribunal member previously in office cannot act as a representative.
  • Revocation: Appointment can be revoked or altered in writing.

Authentication of Documents, Appearance and Acting

  • Firms: A firm's partner can authenticate, appear or act.
  • Body Corporate/Association: Agents such as Chairman, President, General Manager, Secretary are authorized, along with specific individuals in Railway Administrations (and Central Govt.).
    • Railway administrations can use their General Managers or Chief Commercial Managers.

Verification of Pleading

  • Verification: Pleading must be verified by the party or a qualified individual, specifying facts known personally vs. received information.
  • Signature: Verification must be signed, indicating the date and place.

Presentation and Time

  • Documents must be presented to a designated secretary.
  • Time stipulations apply for filing documents.

Notice and Summons

  • Notices to parties and witnesses are served via registered post.
  • Representatives can also receive notices.

Initiation of Proceedings

  • Cases begin with a complaint (Section 36), an application (Section 45), or a Government reference (Section 39).

Complaints

  • Content: Details of complaint, relief required, and joining of additional parties.
  • Joinder: Multiple individuals with the same interest may combine complaints.
  • Representatives for Complainants: If a representative is used, name and address must be included.

Respondents

  • Railway Administrations: Impleaded as respondents in complaints.
  • Additional Parties: If someone who could be materially affected by the relief is thought likely, they should also be made a respondent.

Copies and Fees

  • Multiple copies are required for complaints, based on involved parties.
  • Fees and deposits (Rs. 250, Rs 150) are required with complaints for notices, processes, and paper books.

Scrutiny and Registration

  • Secretary marks dates of receipt, initialises; determines if the complaint is within Tribunal jurisdiction.
  • Deficiency in complaint, fee, or deposit triggers further action with respect to the complaint.

Return of Complaint

  • If the Tribunal deems a complaint outside its scope, it's sent back through the Secretary.
  • Complainant has 30 days to contest the jurisdiction.

Adding and Striking Out Parties

  • Parties may be added or removed, subject to justifications (and terms).

Service of Notices

  • Registered mail is used for serving notices (to avoid disputes).

Interrogatories and Discovery

  • Interrogatories and discovery of documents are allowed. Applications may be rejected if delayed.

Inspection of Documents

  • Parties can request to inspect each other's documents.

Framing of Issues

  • The Tribunal determines the legal issues central to the case.

Examination of Parties Before Hearing

  • Parties may be examined to simplify issues, admit/deny documents, limit witness numbers, & set hearing procedures.

Amendment of Issues

  • Issues can be amended during proceedings, if needed.

Intervention

  • Persons can request to support or oppose cases being heard.
  • Stipulations exist for required payments/fees (e.g for the complainant)

Date of Hearing

  • The Tribunal schedules a hearing date that parties are aware of.

Right of Audience

  • Parties (or their representatives) are allowed to be heard during the hearing.

Local Inquiries and Reports

  • Local inquiries may be conducted by the Tribunal if considered important.

Commissions

  • Commissions are possible to collect evidence from external parties (if needed).

Summoning Witnesses

  • Official notices are made to witnesses to appear or produce evidence, as needed.

Further Evidence

  • Further evidence may be added at any stage of the hearing.

Preliminary Law Issues

  • Dispute resolution may occur when the complaint involves a legal concept; resolution occurs before the case's full hearing.

Hearing

  • Hearings are in open court; they run continuously unless adjourned.

Default of Appearance

  • If parties/representatives fail to appear, hearings may proceed without their input.

Rehearing

  • If dismissal is due to a party not appearing but sufficient reason is given, a rehearing is possibly granted.

Rectification of Errors

  • Minor errors may be corrected.

Production of Documents

  • Parties must present documents, as required.

Interlocutory Orders

  • The Tribunal can issue temporary injunctions & related rulings.

Enlargement or Abridgement of Time

  • The Tribunal can adjust imposed deadlines. Deadlines for contesting dismissals may not be adjusted.

Computation of Time

  • Time calculations may not include specific "first" or "last" day, depending if the Tribunal office is closed.

Applications under Sections

  • Regulations apply to actions under Section 45 (railway administrations).

Reference

  • References for inquiry require a letter. This letter should define the matter of inquiry, and include relevant info.

Public Notification

  • Public notifications are possible to gather more information (public can respond).

Public Inquiry

  • A public inquiry may be held when necessary.

Report of Inquiry

  • The inquiry report is sent to the government and may be released to the public.

Commissions for Inquiry

  • Commissions can be created to inquire into specific cases.

Paper Books

  • Case documentation (pleadings, issues, evidence, and other parts of record) is prepared in paper books. Parties receive copies. Costs for paper-book creation are included in the regulations.

Working Hours

  • Tribunal working hours are specified (similar for office hours). Public holidays are considered.

Holidays and Vacations

  • The Tribunal observes the same holidays and vacations as the Madras High Court. Administrative adjustments for holidays are possible.

Return of Documents

  • Original documents may be returned to the party or replaced with certified copies.

Certified Copies of Record

  • Certified copies of case records are available.

Remittance

  • Payments are made either in cash or by money order/draft (as designated).

Forms and Registers

  • Specific standardized forms exist for record-keeping.

Rules of Practice

  • Madras High Court rules apply (unless inconsistent with the regulations).

Court Seal

  • The Tribunal's official seal is maintained by the Secretary.

Additional Forms

  • Multiple forms exist for specific applications and record-keeping requirements.

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