Strictly Private and Confidential Draft for discussion purposes ... - Delhi

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Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes Onlye. issuing commissions for the examination of witnesses or documents;f. reviewing its decisions;g. dismissing a representation for default or deciding it ex parte;h. setting aside any order of dismissal of any representation for default or anyorder passed by it ex parte; andi. any other matter which may be prescribed by the government.(4) Any order made by the Appellate Tribunal may be enforced by that Appellate Tribunal inthe same manner as if it were a decree made by a court in a suit pending therein, and itshall be lawful for the Appellate Tribunal to send in case of its inability to execute suchorder, to the court within the local limits of whose jurisdiction, -(a)(b)in the case of an order against a company, the registered office of the company issituate; orin the case of an order against any other person, the person concerned voluntarilyresides or carries on business or personally works for gain.(5) The Delhi Urban Property Registration and Titling Appellate Tribunal may, after givingthe parties to any proceeding before it, an opportunity of being heard, pass such ordersthereon as it thinks fit. The Appellate Tribunal shall send a copy of every order passedunder this section to all the parties concerned.Provided that the Delhi Urban Property Registration and Titling Appellate Tribunal may,at any time within two years from the date of the order, with a view to rectifying anymistake apparent from the record, amend any order passed by it, and shall make suchamendment if the mistake is brought to its notice by the parties.(6) The Appellate Tribunal shall have power to review its own orders.50. Power to punish for contemptThe Appellate Tribunal shall have the same jurisdiction, powers and authority in respectof contempt of itself as the High Court has and may exercise, for this purpose under theprovisions of the Contempt of Courts Act, 1971 (70 of 1971), shall have the effect subjectto modifications that-(a)(b)the reference therein to a High Court shall be construed as including a referenceto the Appellate Tribunal;the reference to Advocate-General in section 15 of the Contempt of Court Act,1971, shall be construed as a reference to such law officers as the governmentmay specify in this behalf.34
Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes Only51. Right to legal representationThe applicant or the appellant may either appear in person or authorise one or morepersons, including but not limited to any legal practitioners or any officer to present his orits case before the Tribunal or the Appellate Tribunal, as the case may be.52. Appeal to Supreme CourtAny person aggrieved by any decision or order of the Appellate Tribunal may file anappeal to the Supreme Court within [ninety] days from the date of communication of thedecision or order of the Appellate Tribunal to him on any question of law arising out ofsuch decision or order:Provided that the Supreme Court may, if it is satisfied that the appellant was prevented bysufficient cause from filing the appeal within the said period, allow it to be filed within afurther period not exceeding sixty days.[AM NOTE: This issue has been parked.]53. Indemnification or Rectification by the Tribunal(1) Subject to the provisions of section 23, the Tribunal may on application by any person, (i)determine whether a right of indemnity has arisen under this Chapter or (ii) order therectification of the register of titles by directing that an entry therein relating to registeredimmovable property or a registered interest be removed or altered, or that an entryrelating to registered immovable property or a registered interest which has been omittedfrom the register of titles be entered therein, if the Tribunal is satisfied that the entry wasobtained, made or omitted, as the case may be, by or as a result of -[(a) the fraud, mistake or omission of any person; or(b) a void or voidable instrument.](2) No order may be made under subsection (1) so as to affect the title of a person whosename appears in the register and who has acquired the immovable property for valuableconsideration, unless the Tribunal is satisfied—(a)that the name of such person was entered in the register of titles by or directly asa result of the fraud, mistake or omission in question or the void or voidableinstrument in question, as the case may be; and(b) that -(i) in the case of fraud, the person so registered:(a)(b)(c)was a party to the fraud;had knowledge of the fraud at the time his name was so enteredin the register of titles; orhad, by his act or by lack of proper care, contributed to the fraud;35
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Strictly Private and Confidential Draft for discussion purposes ... - Delhi

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