Electricity Act, 2003, Section 145 -- Jurisdiction of civil Court - Civil Court has no jurisdiction in entertaining disputes under the Act in view of bar u/s 145 of the Act - However, jurisdiction of writ with regard to determining validity of passing of impugned order can be availed...........
Mutation -- Writ petition against order passed in mutation proceedings - Maintainability - Orders of mutation are passed on basis of possession and since no substantive rights of parties are decided, ordinarily a writ petition would not be entertainable against such orders unless same are found to be wholly without jurisdiction or have the effect of rendering findings..........
Mutation -- Writ petition against order passed in mutation proceedings - Orders of mutation are passed on basis of possession and since no substantive rights of parties are decided, ordinarily a writ petition would not be entertainable against such orders unless same are found to be wholly without jurisdiction or have effect of rendering findings which are contrary to..........
Constitution of India, 1950, Article 227 -- Writ jurisdiction - An order passed by trial Court can be challenged in proceedings u/art 227 of Constitution...........
Constitution of India, 1950, Article 226 -- Writ petition - Writ Court cannot convert itself to an appellate or revisional forum - Scope of writ petition under Article 226 of the Constitution of India is limited and following are exception where writ petition can be entertained: (i) Where writ petition seeks enforcement of any of fundamental rights; (ii) Where there is..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Violation of status quo order - Allegation pertaining to violation of order of status quo require determination of fact which cannot be done in summary proceedings u/art 226 of Constitution - Petitioner is relegated to ordinary civil remedy of application U.O.39.R.2-A CPC...........
Custody of child -- Claimed by father - Writ of habeas corpus - Child is citizen of USA by birth - However, child is living with her mother in India - Father of child obtained order of USA Court directing mother to produce child before it - However, father has alternative remedy as per different provision of CPC including S.44-A and Ss.13, 14 CPC and if required and law..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Defendant has not only failed to show sufficient cause for his prolonged absence before trial Court but has also approached High Court after exhausting two rounds of adjudication both trial Court and revisional Court having concurrently..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Administrative act of authority is challenged by way of writ petition - Controversy between petitioner and respondent is civil in nature - Power under writ petition cannot be exercised - Writ petition disposed of...........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of commissioner - It is discretionary power of Court and a party cannot claim appointment as a matter of right - If Court is of opinion that report of Commissioner can help it in arriving at a proper and just decision, it can issue commission - But such exercise of discretion cannot be normally interfered with by..........
