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Is Opinion given by Dept of Legal Affairs binding on parties ?


23-Nov-2023 (In Civil Law)
Whether a legal opinion given by Dept of Legal affairs is legally binding on the parties. Eg. It is opined after scrutiny of all documents that Chairman, MPEDA is not delegated with powers as Appointing Authority as per Act & Rules, Regulations.The opinion sought by Dept of Commerce - Commerce Secretary to Dept. of Legal Affairs. It was opined that Chairman MPEDA is not appointing authority but MPEDA Board is the Appointing Authority. Whether the opinion is legally binding? Please reply
Answers (3)

Answer #1
961 votes
As the name suggest opinion can only be a suggestion by an expert. It has no binding force to it. As regarding the parties, if the opinion is obtained by a statutory authority in formulating its decision, it has to have its reasoning. Therefore sticking to or departing from an opinion shall bring in the responsibility of give a reason for the same. As regards the department, the same is necessary to answer any future legal-audit in this regard.
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Advocate Murugan E.M.

Adv. Murugan E.M.

LawRato Ernakulam | 25+ Answers
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Answer #2
715 votes
Section 7 of the Act says about the appointment of Executive officers of the Authority and other staff.—(1) The Central Government shall appoint a Director of Marine Products Export Development to exercise such powers and perform such duties under the Chairman as may be prescribed or as may be delegated to him by the Chairman. (2) The Central Government shall appoint a Secretary to the Authority to exercise such powers and perform such duties under the Chairman as may be prescribed or as may be delegated to him by the Chairman. (4) Subject to such control and restrictions as may be prescribed, the Authority may appoint such other officers and employees as may be necessary for the efficient performance of its functions and pay them such salaries and allowances as it may determine from time to time. Therefore the Authority is empowered to appointed of staff and employees
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Advocate K. B. Arunkumar

Adv. K. B. Arunkumar

LawRatoErnakulam | 25+ Answers
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Answer #3
590 votes
Its validity account depends on other documents relating to company. Must see the document to see what it tell about chairman is delegated with powers or not and how far it it is legal to to. Please call or send ne details to advice clearly
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Advocate Jeshma Mohandas

Adv. Jeshma Mohandas

LawRatoKozhikode / Calicut | 5+ Answers
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