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...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Lack of jurisdiction - Rejection sought on the ground that trial Court lacked jurisdiction, as suit property is evacuee property - Whether suit property is evacuee property or not is a disputed question of fact - Moreover, there is no averment in the plaint that suit property is an evacuee property -..........
Civil Procedure Code, 1908, Order 7, Rule 11, Punjab Land Revenue Act, 1887, Section 158 -- Rejection of plaint - Dismissal of application - Suit for declaration of title - Jurisdiction of civil Court - Title can only be decided by a Civil Court - Trial Court justified in concluding that jurisdiction of civil Court was not barred - Moreover, plea of limitation would be a..........
Consumer Protection Act, 1986, Section 11, Telegraph Act, 1885, Section 7B -- Jurisdiction of Consumer Forum - Dispute between Telecom company and consumer - Existence of an arbitral remedy will not oust jurisdiction of consumer forum - District Forum thus, has jurisdiction to entertain and try consumer complaint regarding dispute between Telecom company and consumer...........
Real Estate (Regulation and Development) Act, 2016 -- Scope - (i) Regulation 9 of the Regulations of 2017 is not ultra vires the Act or is otherwise not invalid; (ii) The delegation of powers in the single member of RERA to decide complaints filed under the Act even otherwise flows from Section 81 of the Act and such delegation can be made in absence of Regulation 9 also;..........
Criminal Procedure Code, 1973, Section 188 -- Offence committed outside India - If an offence is committed by a person who is not an Indian citizen in a foreign country, local police has no jurisdiction to investigate the offence committed by him outside India - Initiation of criminal proceedings in such cases are vitiated due to want of jurisdiction...........
Criminal Procedure Code, 1973, Section 188, 482, Indian Penal Code, 1860, Section 376(2)(n), 506 -- Offence committed outside India - Rape - Petitioner was not Indian citizen at the time of commission of offence - His status as an Indian citizen terminated u/s 9 of Citizenship Act, as petitioner voluntarily acquired citizenship of Britain - If an offence is committed by a..........
Tender -- Bid - Writ jurisdiction - High Court by way of interim relief permitted tenderer to participate in tender process without insisting upon tender clause which was under challenge and subsequently writ petition dismissed - Grant of such interim relief is disapproved and deprecated at an interim stage - No such relief can be passed by High Court...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Service matter - High Court in exercise of its powers u/art 226 of Constitution is not required to reappreciate the evidence and/or interfere with findings recorded by inquiry officer accepted by disciplinary authority...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Court is well within its jurisdiction U.O.18.R.17 CPC to recall a witness at any stage of trial so as to determine dispute involved in a suit...........
