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J&K High Court quashes CAT order imposing ₹10,000 cost on senior advocate
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Bottom Line Up Front (BLUF)
The Jammu & Kashmir High Court quashed a Central Administrative Tribunal (CAT) order that imposed ₹10,000 costs on a senior advocate. The High Court held that the CAT lacked jurisdiction to impose costs on an advocate, as such power is not explicitly granted by the Administrative Tribunals Act, 1985.
Ratio Decidendi · Legal Principle Established
A Tribunal constituted under the Administrative Tribunals Act, 1985, lacks the inherent power to impose costs on an advocate, as such power is not expressly conferred by the statute.
Practice & Procedural Impact for Advocates
Advocates should be aware that tribunals, unless specifically empowered by statute, cannot impose costs on them. Litigants should note that orders imposing costs on advocates by tribunals without statutory backing are liable to be challenged.
Key Legal Takeaways
- 1Tribunals must have express statutory power to impose costs on advocates.
- 2The Administrative Tribunals Act, 1985, does not grant CAT the power to impose costs on advocates.
- 3Orders imposing costs on advocates by tribunals without jurisdiction are invalid.