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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Information Technology

Meera and a company agreed, before an adjudicating officer under the IT Act, 2000, to the officer deciding a compensation claim, and the officer passed an order with the consent of both parties. Meera later wishes to appeal to the Appellate Tribunal. What is the position?

No appeal lies. Section 57(2) of the IT Act bars an appeal to the Appellate Tribunal from an order made by an adjudicating officer with the consent of the parties, which is an exception to the general right of appeal given to any aggrieved person.

  1. AShe may appeal within forty-five days as of right
  2. BShe may appeal only with the leave of the High Court
  3. CNo appeal lies to the Appellate Tribunal from an order made with the consent of the partiesCorrect
  4. DShe may appeal only if the order was made by the Controller

Explanation

Section 57(2) states that no appeal lies to the Appellate Tribunal from an order made by an adjudicating officer with the consent of the parties. The general right of appeal in section 57(1) is expressly subject to this exception, so option A is wrong.

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