Understanding the differences between a Tribunal and Court would be very helpful
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.
PLEASE GO THROUGH THE FAQ
YOU ARE MOST WELCOME TO ARGUE/DEFEND YOUR CASE. IF YOU DECIDE TO ARGUE/DEFEND A CASE , PLEASE READ THE FOLLOWING SECTIONS ON THE WEBSITE
PLEASE KNOW THE ADVOCATE _ CLIENT RELATIONSHIP
PLEASE UNDERSTAND THAT CERTAIN REMEDIES ARE NOT GIVEN UNLESS URGED
WHAT HAPPENS IF YOU FAIL TO ATTEND A HEARING FOR SOME UNAVOIDABLE REASONS ?
WHAT TO DO IF YOUR CASE IS DISMISSED FOR NON_APPEARENCE
KNOW ABOUT TIME LIMITATION
What you can expect from the KAT ?
What you should not expect from the KAT ?
Which are the ACTS under which one can approach the KAT ?
Can I conduct my own case?
Which Bench of the Tribunal yajes up my cae?
What happens next?
How much does it cost?
What does the prescribed form if any form look like?
How long will it take me?
Can I simultaneously approach the High Court and the Tribunal ?
What are the time limitations??
What to do and noy to do?
. You may have to pay the prescribed court fee for filing documents.
2. Whilst the KAT staff will give you assistance in the filing of the documents, they should not give legal advice to you. If you wish to have legal advice, you have to consult your own lawyer.
3. The parties are entitled to use Kannada or English in their pleadings or other court documents. If one of the parties requires the other party to use English orKannada in the pleadings or other documents, an application may be made to the Tribunal . The Tribunal will take all relevant factors into consideration and make the order. The court may order that all the proceedings be in kannada or in English. Alternatively, the Tribunal may order a party to provide translation of the documents for the other party.
4. You should NEVER directly contact the Tribunal Members by any means in the course of the proceedings or relating to the matter. You should address your letters to the Bench. You should also send a copy of the letter to the other party as well. You should not send letters to the Members to state the merits of your case. Your case should be clearly set out in the pleadings and you may state your facts in the witness statements.
5. You should also remember that when you file a document with the Tribunal, you have to send a copy of that document to the other party or parties as well in order to give them notice. For the same reason, This is your own duty. You have no excuse for not doing this and tell the Tribunal that you have no notice of the court documents at the hearing.
6. You will only be required to attend Tribunal upon notice or by summons. You may make inquiries at the Registry.
7. Be punctual for the hearing or trial. You should also bring along the documents and the original documents for the inspection of the Tribunal or the other party. If you want to secure the attendance of your witnesses, you may apply to the court for simmons. You should do it at least 3 weeks before the date fixed for hearing your case You have to serve the summonson your own witnesses yourself at least 4 days before the hearing of your case. You should apply early in order to give yourself sufficient time to serve the summopns on you witnesses. If you fail to summon your witnesses for the hearing the hearing may have to be adjourned. You may have to bear the costs for the adjournment.
8. At the hearing , you should act according to the direction of the judge. The parties will take turns to make submissions. When the other party is making a speech, you should not intervene even if you disagree. You may take down notes of your disagreement and put forward your arguments when your turn comes . It is important that you should behave properly in Tribunal. You must not use abusive language or remarks. Although the atmosphere during the argument will sometimes become heated or even emotional, you should bear in mind that the best way to put forward your arguments is to speak in a calm, cool and polite manner. Therefore you should control your temper in Tribunal
9. After the hearing , if the jBench delivers the judgment and the reasons orally, you should not intervene even if you do not agree with the judge. There is no use to argue with the judge. You have the right to appeal against the judge's decision