38Decision to be by majority
If the Members of a Bench consisting of two Members differ in opinion on any point, they shall state the point or points on which they differ, and make a reference to the 1[Chairman] who shall either hear the point or points himself or refer the case for hearing on such point or points by 2[third Member] of the Appellate Tribunal and such point or points shall be decided according to the opinion of the majority of the Members of the Appellate Tribunal who have heard the case, including those who first heard it.
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1. Subs. by Act 28 of 2016, s. 232, for "Chairperson" (w.e.f. 1-6-2016).
2. Subs. by Act 21 of 2009, s. 11, for "one or more of the other Members" (w.e.f. 1-6-2009).
- 25 Appellate Tribunal
- 26 Appeal to Appellate Tribunal
- 27 [Omitted.]
- 28 [Omitted.]
- 29 [Omitted.]
- 30 [Omitted.]
- 31 [Omitted.]
- 32 [Omitted.]
- 33 [Omitted.]
- 34 [Omitted.]
- 35 Procedure and powers of Appellate Tribunal
- 36 Distribution of business amongst Benches
- 37 Power of Chairperson to transfer cases
- 38 Decision to be by majority
- 39 Right of appellant to take assistance of authorised representative and of Government to appoint presenting officers
- 40 Members, etc., to be public servants
- 41 Civil court not to have jurisdiction
- 42 Appeal to High Court