Procedure and powers of Tribunal
Section 16 of the Control of National Highways Act, 2002 deals with procedure and powers of Tribunal. The Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of natural justice and, subject to the other provisions of this Act and of any rules, the Tribunal shall have powers to regulate its own procedure includ
(1) The Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of natural justice and, subject to the other provisions of this Act and of any rules, the Tribunal shall have powers to regulate its own procedure including the places at which it shall have its sittings.
(2) The appeal filed before the Tribunal under section 14 shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal finally within four months from the date of the receipt of the appeal.
(3) The Tribunal shall have, for the purposes of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit, in respect of the following matters, namely :- (a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) issuing commissions for examination of witnesses or documents;
(e) reviewing its decisions;
(f) dismissing an appeal or application for default or deciding it ex parte;
(g) setting aside any order of dismissal of any appeal or application for default or any order passed by it ex parte; and (h) any other matter which may be prescribed.
(4) Any proceeding before the Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196, of the Indian Penal Code (45 of 1860) and the Tribunal shall be deemed to be a civil court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).
Section 16, The Control of National Highways Act, 2002 (Act 13 of 2003).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
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Questions about Section 16
What does Section 16 of the Control of National Highways Act deal with?
Section 16 of the Control of National Highways Act is headed "Procedure and powers of Tribunal". The Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of natural justice and, subject to the other provisions of this Act and of any rules, the Tribunal shall have powers to regulate its own procedure includ
How do I find court cases under Section 16 of the Control of National Highways Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Control of National Highways Act 16, section 16 Control of National Highways Act, section 16 of the Control of National Highways Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 16 of the Control of National Highways Act, and has it changed?
Its own text turns on section 14 (Jurisdiction, powers and authority of Tribunal), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.
When was the Control of National Highways Act enacted?
Control of National Highways Act was enacted in 2003 as Act 13 of 2003. India Code records no commencement date for it. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/1cbbd96c-3e5b-4d38-b4ac-2fb3f2922df9.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/a8d6179b-f101-4d3d-b858-4dddcc550987/content). This page is not a substitute for legal advice.