Registration Act, 1908, Section 77 -- Refusal to register sale deed - Appeal to Registrar dismissed - Alternative remedy available to party to approach civil Court u/s 77 of Act - Writ petition filed without availing said remedy - Writ petition, held, not maintainable - However, alternative remedy is not a absolute bar in the contingencies where writ petition has been..........
Customs Act, 1962, Section 28 -- Customs - Whether import of Web Printing Machine was covered by Notification No. 114/80-CUS Dt. 19.06.1980 - Failure of Assessee in discharging it burden to prove that the machine prints sufficient number of copies to be covered by Notification - Assessee after receiving a favourable interim order from the High Court chose to pursue..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Judicial orders of civil Court are not amenable to writ jurisdiction u/art 226 of Constitution - Jurisdiction under Art.227 of Constitution is distinct from Art. 226 of Constitution - No writ can be issued against the order passed by civil Court, therefore, no intra-court appeal is maintainable before the..........
Constitution of India, 1950, Article 226, 227 -- Letters patent appeal - Order of single judge - Maintainability before Division Bench - Jurisdiction u/art. 227 is distinct from jurisdiction u/art 226 of constitution, therefore letters patent appeal or intra Court appeal in respect of order passed by Single Judge dealing with order arising out of proceeding from Civil..........
Civil Procedure Code, 1908, Section 152 -- Decree - Amendment - Doctrine of merger - Decree passed by trial Court when affirmed merges in appellate decree - However, if first appeal is dismissed U.O.41.R.11 CPC, principle of merger would not apply and it would be the Court of first instance which would have jurisdiction to exercise power u/s 152 CPC...........
Limitation Act, 1963, Section 14, Customs Act, 1962, Section 128 -- Exclusion of time - Time taken in prosecuting an abortive proceeding would have to be excluded as the appellant was prosecuting bona fide with due diligence the appeal before CEGAT which was allowed in its favour by CEGAT though the same is dismissed as the CEGAT had no jurisdiction to entertain such..........
Civil Procedure Code, 1908, Section 151 -- Conversion of appeal into revision - Suit u/s 6 of Specific Relief Act - S.6(3) of Specific Relief Act bars appeal - Plaintiff applied for conversion of appeal into revision, which stands rejected - Court in exercise of inherent jurisdiction has full authority of law and discretion to covert an appeal into a revision or vice-versa..........
Armed Forces Tribunal Act, 2007, Section 30 -- Right to appeal u/s.30 of the Act - Jurisdiction of High Court u/Art.226 of Constitution - S.30 of the Act provides appeal to Court subject to leave granted u/s.31 of the Act - Since Act of 2007 itself contains mechanism for redressal of grievance complained under it, writ petition should not be entertained ignoring statutory..........
Electricity Act, 2003, Section 125, 62 -- Determination of tariff - Disallowance of employee cost - Appeal against order of Appellate Tribunal - Appellate Tribunal arriving at conclusion on consideration of relevant facts - No interference called for while exercising limited jurisdiction of Court u/s.125 of the Act...........
Civil Procedure Code, 1908, Order 41, Rule 27, 28 -- Additional evidence at appellate stage - When an application for adducing additional evidence is allowed, Court has two options, either to record evidence itself or it may direct trial Court to take such evidence and forward the same to it and thereafter dispose of appeal on merits - Appellate Court has no jurisdiction..........
