Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A -- Appeal - Appeal u/s 14-A is maintainable against orders passed by Special Court except against interlocutory orders...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of Civil Court - Demand of additional electricity consumption charges in view of audit objection - Suit for declaration that audit objection is invalid and consequential injunction restraining defendants from claiming additional electricity consumption charges - As there is no alternative remedy of filing statutory..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Maintainability of suit as commercial suit - Relief in terms of lease deed - At least two prayers are in relation to immovable property to be used exclusively for trade and commerce - No occasion arises for Court to interfere with view expressed by Commercial Court that suit is maintainable as a..........
Hindu Marriage Act, 1955, Section 13B, 28 -- Decree of divorce by mutual consent - Appeal u/s 28 of the Act is maintainable against such decree...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Contractual disputes - In matters pertaining to a State instrumentality, a writ may be maintainable in matters concerning contractual disputes in certain circumstances...........
Hindu Marriage Act, 1955, Section 13B, Family Courts Act, 1984, Section 19(2) -- Decree of divorce by mutual consent - Appeal thereagainst - No appeal is maintainable u/s 19(2) of Family Courts Act, against decree of divorce by mutual consent...........
Hindu Marriage Act, 1955, Section 13B, Civil Procedure Code, 1908, Order 23, Rule 3A -- Decree of divorce by mutual consent - Cannot be challenged by way of suit - An application to set aside decree on the ground of any fraud, misrepresentation or coercion, is maintainable before the same court which passed such order or decree but separate suit is not maintainable...........
Civil Procedure Code, 1908, Section 115 -- Revision - Non-affixation of proper Court fee on plaint - Question of affixation/payment of Court fee is between plaintiff and State and defendant had no right to move superior Courts by way of appeal or revision petition in eventuality said question having been decided against him - Revision petition dismissed being not..........
Constitution of India, 1950, Article 227, Consumer Protection Act, 2019, Section 58(1)(a)(iii) -- Writ petition - Maintainability - Writ petition u/art 227 of Constitution is maintainable against an order passed by National Commission in an appeal, as National Commission can be said to be a Tribunal within meaning of Art.227 of Constitution...........
Criminal Procedure Code, 1973, Section 125(3), 128 -- Maintenance - Recovery of arrears - Application for recovery of arrears is maintainable only to extent of one year prior to filing of application...........
