CourtMesh

Section 10: Service of notice and processes issued by the Tribunal

The Tamil Nadu Waqf Tribunal (Conditions of Service and Procedure) Rules, 2016State Rules of Tamil Nadu · 1995

(1) Notices to be issued by the Tribunal may be served by any of the following modes–

(i) service by the party himself;

(ii) by hand delivery (dasti) through process server;

(iii) by registered post with acknowledgement due:

Provided that if the Tribunal does not specify the mode of service, notice may be sent by registered post with acknowledgement due.

(2) Where notice issued by the Tribunal is served by the party himself by ‘hand delivery’ (Dasti) he shall file in the Registry of the Tribunal, the acknowledgement together with an affidavit of service.

(3) Notwithstanding anything contained in sub-rule (1), the Tribunal may, taking into account the number of respondents and their places of residence or work and other circumstances, direct the notice of the application shall be served upon the respondents in any other manner, including any manner of substituted service, as it appears just and convenient to the Tribunal.

(4) Notwithstanding anything contained in sub-rule (1), the Tribunal, may in its discretion, having regard to the nature of the case, direct the service of the notice on the Counsel, authorised to accept the service, for any Department or Organisation of the State and Central Government, or an authority, a corporation, a body owned or controlled by the State or Central Government.

4 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(5) Every notice issued by the Tribunal shall unless otherwise ordered, be accompanied by a copy of the application and a copy of the impugned order.

(6) Every applicant shall pay a fee for the service of execution of processes, in respect of an application where the number of respondents exceeds five, as under:-

(i) a sum of rupees twenty five for each respondent in excess of five respondents;

or

(ii) where the service is in such a manner as the Tribunal may direct under sub-rule (3) such a sum not exceeding the actual charges incurred in effecting the service as may be determined by the Tribunal.

(7) If the Tribunal is satisfied that it is not reasonably practicable to serve notice of application upon all the respondents, it may, for reasons to be recorded in writing, direct that the application shall be heard notwithstanding that some of the respondents have not been served with notice of the application:

Provided that no application shall be heard unless.—

(i) notice of the application has been served on the Central Government or the State Government, if such Government is a respondent;

(ii) notice of the application has been served on the authority which passed the order against which the application has been filed; and

(iii) the Tribunal is satisfied that the interests of the respondents on whom notice of the application has not been served are adequately and sufficiently represented by the respondents on whom notice of the application has been served.

Where this provision sits

ActThe Tamil Nadu Waqf Tribunal (Conditions of Service and Procedure) Rules, 2016
Section10
Marginal noteService of notice and processes issued by the Tribunal
JurisdictionState of Tamil Nadu
StatusIn force as published by the source

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

  • Search 49,000+ Central and State enactments by what a provision says, not by its number
  • Jump from any section to every judgment that has applied it
  • Search 300 million+ Indian court records alongside the statute
  • Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? The Tamil Nadu Waqf Tribunal (Conditions of Service and Procedure) Rules, 2016 is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.