National Green Tribunal Act, 2010, Section 14 -- Jurisdiction of Tribunal - For invocation of provisions of Act, there must be existence of a substantial question of law relating to environment...........
National Green Tribunal Act, 2010, Section 14 -- Jurisdiction of Tribunal - Tribunal has no jurisdiction to direct removal of encroachment which was raised in violation of laws not specified in Schedule I to the Act - Order passed by Tribunal is therefore, without jurisdiction, hence set aside...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim relief - If Magistrate has jurisdiction under provisions of the Act to pass an injunction order, Magistrate also has power to vacate or modify the same if it causes prejudice to another - Therefore, it is duty of very same Court to redress said grievance instead of directing aggrieved party to..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Appeal seeking re-appreciation of evidence is impermissible in second appellate jurisdiction in the absence of a substantial question of law...........
Registration Act, 1908, Section 68(2) -- Cancellation of sale deeds - District Registrar is not empowered to cancel the sale deeds, as registering authority has no jurisdiction or authority to adjudicate disputed facts regarding civil rights of parties - Competent civil Court of law alone is empowered to declare civil rights...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Summoning of accused - Without conducting enquiry u/s 202 Cr.P.C - When a mandatory condition precedent to issuance of process has not been fulfilled, continuation of criminal proceedings would amount to permitting prosecution founded upon an invalid exercise..........
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..........
Insolvency and Bankruptcy Code, 2016, Section 60(5) -- Jurisdiction of NCLT - Attachment of property under Benami Transactions Act - Legality and validity of order of attachment under Benami Transactions Act cannot be challenged by NCLT invoking S.60(5) of the Act...........
Insolvency and Bankruptcy Code, 2016, Section 60(5), 36 -- Jurisdiction of NCLT - Attachment of property under Benami Transactions Act - Once the Adjudicating Authority under Benami Act has concluded that corporate debtor is a benamidar, beneficial ownership stands negated - Legality and validity of such determinations are subject matter of appeal under provisions of..........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Contractual stipulations cannot curtail statutory jurisdiction of consumer fora...........
