Civil Procedure Code, 1908, Section 100 -- Second appeal - When High Court exercises its jurisdiction u/s 100 CPC, particularly where there are concurrent findings of fact by two Courts below, interference with it is permissible on limited grounds such as where finding in question is perverse or is based on consideration of inadmissible evidence or by misreading or grossly..........
Constitution of India, 1950, Article 32 -- Writ jurisdiction - Bail - Successive FIRs - These continued acts and conduct of prosecution was to consciously ensure that petitioner is kept in continued custody - Petitioner entitled to be released on bail in successive FIRs...........
Constitution of India, 1950, Article 227 -- Writ jurisdiction - Supervisory jurisdiction of High Court u/art 227 of Constitution is not an appellate jurisdiction in disguise and it does not permit re-appreciation of evidence...........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - S.24 CPC confers a wide and discretionary jurisdiction upon High Court and District Court to transfer or withdraw any suit, appeal or other proceeding at any stage either on application of any of parties or even suo motu...........
Arbitration and Conciliation Act, 1996, Section 42 -- Jurisdiction of Court - Solely because a superior Court appoints arbitrator or issues directions or has retained some control over arbitrator, it cannot be regarded as a `Court' of first instance for purposes of S.42 of the Act...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Wakf property - Suit for injunction - Jurisdiction of Tribunal under Wakf Act - Suit property neither specified in `list of auqaf' as published in Chapter II nor registered under Chapter V of Wakf Act - Decision as to whether property is a waqf property or not cannot be decided by Tribunal since property..........
Armed Forces Tribunal Act, 2007, Section 14, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Section 18 -- Armed Forces Tribunal has jurisdiction to consider the report and recommendations of Internal Complaints Committee (ICC) constituted under Sexual Harassment of Women at Workplace Act...........
Legal Services Authorities Act, 1987, Section 21 -- Lok Adalat award - Challenge as to - Orders passed in a Lok Adalat are not liable to be challenged in any further proceedings as it is final in nature - However, provision of S.21 of the Act would not oust jurisdiction of High Court exercising powers u/art 226 of Constitution...........
Service -- Departmental enquiry after superannuation in absence of any governing rules and regulations - Pension rules not applicable in absence of conscious decision of Board for applicability of such rules to its employees - Corporation had no jurisdiction to institute departmental proceedings against appellant for the alleged misconduct and to direct recovery after..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Applicability of provisions of J&K Agrarian Reformers Act - Issue that falls for determination is as to whether defendant is entitled to resume suit land on the basis that mutation u/s 7 of J&K Agrarian Reformers Act stands attested in his favour way back in the year 1987 - Plaintiffs are resisting..........
