APPELLATE TRIBUNALCentral

Section 14N of The Telecom Regulatory Authority of India Act, 1997

1[14N. Transfer of appeals.-- (1) All appeals pending before the High Court immediately before the commencement of the Telecom Regulatory Authority of India (Amendment) Act, 2000 (2 of 2000), shall stand transferred to the Appellate Tribunal on its establishment under section 14.

(2)Where any appeal stands transferred from the High Court to the Appellate Tribunal under sub-section (1),--
1. (a)the High Court shall, as soon as may be after such transfer, forward the records of such appeal to the Appellate Tribunal; and
2. (b)the Appellate Tribunal may, on receipt of such records, proceed to deal with such appeal, so far as may be from the stage which was reached before such transfer or from any earlier stage or de novo as the Appellate Tribunal may deem fit.]

Summary

All appeals pending in the High Court right before the 2000 Amendment Act started are transferred to the Appellate Tribunal once it is established.
Following the transfer, the High Court must forward all case records of those appeals to the Appellate Tribunal as soon as possible.
The Appellate Tribunal can choose to hear the transferred appeal from the exact stage reached before the transfer.
Alternatively, the Appellate Tribunal has the power to hear the transferred appeal from an earlier stage or completely fresh from the beginning.

Practical examples

1In December 1999, an appeal against a major rate decision was pending before the High Court of Delhi. After the 2000 Amendment and the establishment of the Tribunal, the High Court forwarded all the physical case files and records to the Tribunal, which decided to hear the case starting from the same point where the High Court left off.

2An appeal was midway through arguments in the High Court when the 2000 Amendment took effect. The case was transferred to the Appellate Tribunal, and because the issues were highly complex, the Tribunal exercised its power to hear the entire appeal fresh from the beginning.

FAQ

1. What happens to telecom appeals pending in the High Court when the Appellate Tribunal is created under the Telecom Regulatory Authority of India Act, 1997?

According to Section 14N of the Telecom Regulatory Authority of India Act, 1997, any appeals pending before the High Court right before the 2000 Amendment Act started will automatically transfer to the Appellate Tribunal once it is established.

2. Must the High Court send records of transferred telecom appeals to the new Tribunal under the telecom regulatory act?

Yes, Section 14N of the telecom regulatory act requires the High Court to forward all records of the transferred appeals to the Appellate Tribunal as soon as possible after the transfer.

3. How does the Appellate Tribunal handle a transferred appeal under Section 14N of the TRAI Act?

Under Section 14N of the TRAI Act, the Appellate Tribunal can choose to hear the case from the stage reached before the transfer, start from an earlier stage, or start completely fresh, which is also called de novo.

Test yourself

Q1.Under Section 14N of The Telecom Regulatory Authority of India Act, 1997, which cases pending before the High Court are transferred to the Appellate Tribunal?

Q2.Under Section 14N of The Telecom Regulatory Authority of India Act, 1997, what duty is cast upon the High Court once an appeal stands transferred?

Q3.Under Section 14N of The Telecom Regulatory Authority of India Act, 1997, what are the three options available to the Appellate Tribunal for dealing with a transferred appeal?

Q4.How does the establishment of the Appellate Tribunal under Section 14 of The Telecom Regulatory Authority of India Act, 1997 trigger the transfer of appeals under Section 14N?

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