Civil Procedure Code, 1908, Section 100 -- Second appeal - Non-framing of substantial question of law at the time of admission or before final hearing of appeal - There remains nothing for respondent to oppose second appeal at the time of hearing - High Court thus, have no jurisdiction to decide such second appeal finally for want of any substantial question of law...........
Succession Act, 1925, Section 372, 388(2) -- Succession certificate - Rejection of application by Civil Judge exercising jurisdiction of District Court for purposes of Succession Act - Appeal thereagainst - Lies before District Judge and not before High Court...........
Service -- Cause of action arose outside territorial jurisdiction of Kerala High Court - Writ petition in Kerala High Court - Not maintainable - Merely because petitioner was working in Kerala at the time when he filed appeal or that orders were communicated to petitioner while he was working in Kerala or that the petitioner is under an employer who has got office in..........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 17, 20 -- Jurisdiction of Debt Recovery Tribunal (DRT) - Appeal against order of recovery officer - Maintainability - DRT in appeal set aside order of recovery officer and directed Recovery Officer to recover Court Commissioner charges from auction purchasers - Court commissioner did not challenge..........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- First Appeal - Jurisdiction of First Appellate Court while hearing first appeal is very wide like that of Trial Court and it is open to appellant to attack all findings of fact or/and of law in first appeal - It is duty of first Appellate Court to appreciate entire evidence and arrive at its own independent..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Settlement deed not exhibited on file - Settlement deed if any has to be pleaded and proved - Once it is not part of file, High Court cannot look into document which was not proved before Court below, for the first time in exercise of its jurisdiction in second appeal - Second appeal dismissed...........
Civil Procedure Code, 1908, Section 100(4), (5) -- Second appeal - Substantial question of law - (i) High Court can hear second appeal only on question so formulated; (ii) it has jurisdiction to dismiss the second appeal, if respondent raises an objection at the time of hearing that question so formulated does not arise in the case or is not a substantial question of law;..........
Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, Section 17, 2(a), Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996, Rule 19(2), 18A(4)(ii), Constitution of India, 1950, Article 226, 227 -- Renewal of registration of ultrasound Clinic rejected - Writ petition - Maintainability - Once..........
Electricity Act, 2003, Section 126, 127, Constitution of India, 1950, Article 226 -- Unauthorized use of electricity - Jurisdiction - Against an order passed u/s 126 of Electricity Act, the jurisdiction to hear an appeal is only in Appellate Authority constituted u/s 127 of Electricity Act - High Court need not in exercise of its powers u/art.226 of Constitution interfere..........
Haryana Registration and Regulation of Societies Act, 2012, Section 40, 79 -- De-novo elections - Matter referred to State Registrar - In the instant case, order passed by District Registrar not challenged by petitioner though remedy of appeal was available to him before Registrar General u/s 79 of the Act - Once said procedure not adopted which though available, then..........
