Consumer Protection Act, 1986, Section 21(b) -- Revision - Jurisdiction of National Commission - Order of NCDRC does not show that any of parameters contemplated u/s 21 of the Act were satisfied to exercise its revisional jurisdiction to set aside order passed by State Commission - Even, NCDRC has exercised jurisdiction examining the question of fact again as a Court of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Right to use electric motor connection - Plaintiff purchased share in land alongwith share in electric motor connection from its previous owners - However, defendant claimed that previous owner had already relinquished their rights in said electric motor connection in her favour - As..........
Arbitration and Conciliation Act, 1996, Section 37 -- Appeal u/s 37 of the Act - High Court has no jurisdiction to remand the matter to the same arbitrator unless it is consented by both the parties that matter be remanded to same Arbitrator...........
Arbitration and Conciliation Act, 1996, Section 37 -- Appeal u/s 37 of the Act - Two options are available to Court for considering appeal u/s 37 of the Act i.e. High Court either may relegate the parties for fresh arbitration or to consider the appeal on merits on basis of material available on record within scope and ambit of jurisdiction u/s 37 of the Act...........
Arbitration -- Award - Jurisdiction - Enhancement of the lease rent - Where a contractual provision is ambiguous or is capable of being interpreted in more ways than one, the Court cannot interfere with the arbitral award - Thus, Arbitral Tribunal, or for that matter, the Court cannot alter the terms and conditions of a valid contract executed between the parties with..........
Criminal Procedure Code, 1973, Section 401 -- Revision against acquittal - Where under Cr.P.C appeal lies but an application for revision has been made to High Court by any person, High Court has jurisdiction to treat the application for revision as a petition of appeal and deal with the same accordingly as per S.401(5) Cr.P.C - However, subject to High Court being..........
Constitution of India, 1950, Article 227 -- Writ jurisdiction - High Court exercising supervisory jurisdiction does not act as a Court of first appeal to re-appreciate, reweigh evidence or facts upon which determination under challenge is based...........
Arbitration and Conciliation Act, 1996, Section 37 -- Appeal - Arbitral award - Question of jurisdiction of arbitrator dealt by High Court and said objection was overruled by High Court against which no appeal preferred by respondent - It is thus, not open for respondent now to challenge jurisdiction of arbitrator that too in an appeal preferred by claimant...........
Succession Act, 1925, Section 388(2), 384, 372 -- Succession certificate - Appeal - Once jurisdiction to take cognizance and to decide a petition for grant of succession certificate is invested by State Government in a Court inferior in grade to District Judge, by virtue of S.388(2) Proviso of the Act, it is District Judge alone who is competent to entertain and decide..........
Consumer Protection Act, 1986, Section 51 -- Second Proviso - Appeal to National Commission - Deposit of 50 per cent of amount for entertaining appeal by National Commission - This does not take away the jurisdiction of National Commission to order deposit of entire amount and or any amount higher than 50 percent of the amount while considering the stay application to stay..........
