Constitution of India, 1950, Article 226, 227 -- Writ Jurisdiction - Certiorari - High Court does not sit in appeal over the orders of the authorities - It interferes only where there is an error on the face of the record...........
Consumer Protection Act, 1986, Section 17(b),15 -- Revision - Appeal - Ex-parte order on merits passed directing the petitioner OP to make payment of Gratuity and GPF - Preliminary objection taken that revision filed against the order not competent - Plea of the petitioner OP that revision lies as matter relates to jurisdiction which has been wrogly decided by the District..........
Consumer Protection Act, 1986, Section 17 -- Jurisdiction - Complaint against the Tehsildar and the Revenue Inspector alleging their total inaction in not getting demarcated the query lease despite deposit of fee - The dispute is a matter for decision by the Administrative Authorities under the Minor and Mineral Concession Rules - Also, this matter should not be..........
Civil Procedure Code, 1908, Section 100 -- To confer jurisdiction on High Court under S.100 CPC a substantial question of law is sine qua non - High Court interfered with fact finding entered by First Appellate Court on question of undue influence, fraud etc. in execution of sale deed - Trial Court dismissed but lst appellate Court decreed the suit - No substantial..........
Civil Procedure Code, 1908, Section 115 -- Arbitration award - Made rule of Court - Appeal dismissed - Revision - High Court set aside award on interpreting clause 45 and 46 of agreement and found that Arbitrator committed gross misconduct in awarding damages on misconstruction of clauses of contract - Held, High Court exceeded its revisional jurisdiction - Impugned..........
Consumer Protection Act, 1986, Section 11(2),15 -- Appeal - New plea - Plea of territorial jurisdiction not taken before the District Forum but taken before State Commission in appeal - Held that the State Commission was not right in allowing the appeal on the ground of lack of jurisdiction - Held that there was no inherent lack of jurisdiction in the Distirct Forum - In..........
Civil Procedure Code, 1908, Order 37, Rule 2, 3 -- Summons for judgment never issued - Decree passed - Void and without jurisdiction inspite of the fact that defendant appeared in response to summons for appearance and sought leave to defend which was granted on the condition of deposit of entire suit amount and the defendant failed to deposit - Appeal cannot be dismissed..........
Consumer Protection Act, 1986, Section 14 -- Quashing of circular - Electricity connection - Clubbing of electricity connection - Opposite party-Board issuing memo to the complainant in accordance with the Circular of the Department for clubbing of 3 electricity connections - Complaint filed - District Forum quashing the circular - Appeal - If the circular mentioned in the..........
Civil Procedure Code, 1908, Section 153A, Order 41, Rule 11 -- Decree - Amendment - Appeal dismissed in limine - Jurisdiction to amend decree, in such circumstances, rests with the Trial Court which had passed decree...........
Constitution of India, 1950, Article 226, Consumer Protection Act, 1986, Section 3,14,27 -- Writ of Prohibition - Orders passed by the District Forum/ State Commission in consumer cases filed by depositors against petitioner for refund of deposit - Writ petition filed by petitioner seeking writ of prohibition - In some other cases petitioner has already filed appeals and..........
