3 October 2022

Search Results for Tag : Maintainability


If goods bought or services hired or availed by a person for commercial purpose, then said person would not be consumer(16.08.2016)

Consumer complaint alleging deficiency in service on part of opposite party in respect of Builder-Buyer Agreement executed between members of associat.....

Tags : Deficiency of service, Complaint, Maintainability


Public Interest Litigation does not lie in service matters.(10.01.2017)

Instant writ petition is filed by Petitioner said to be an NGO being a trust registered under Indian Trust Act, 1882. Petitioner is “Central Bank Reti.....

Tags : Locus standi, Writ Petition, Maintainability


Principle of res judicata is applicable between two stages of same litigation but issue involved must have been decided at earlier stage of same litigation(21.06.2017)

In facts of present case, Applicants before KAT were candidates, who appeared for 2011, Karnataka Gazetted Probationers' Examination. They were select.....

Tags : Application, Maintainability, Doctrine, Res judicata


Legal proceedings cannot be initiated without completing assessment proceedings(14.06.2017)

In facts of present case, Appellant imported P-68 watch movement from Hong Kang and filed Bills of Entry. On basis of invoice issued by overseas suppl.....

Tags : Proceedings, Demand, Maintainability


An appeal shall lie only from the final order passed by a Court(15.09.2017)

The present writ petition has been filed challenging the order passed by the learned Financial Commissioner in Revision Petition whereby the learned F.....

Tags : Proceedings, Appeal, Maintainability


A minor can bring a suit within a specified time after the termination of his minority and/or during the subsistence of his minority, through his next friend(30.08.2017)

Defendant is the Appellant against a confirming judgment. Case of the Defendant is that, the suit land is his ancestral homestead. He is in possession.....

Tags : Suit, Minor, Maintainability


Petitioner who is not a party to agreement containing an arbitration clause cannot be party to arbitration proceedings between the parties to arbitration agreement(07.02.2018)

The grievance projected by the Petitioner in instant petition is that, while the arbitration proceedings between Respondent Nos. 2 and 4 were going on.....

Tags : Impleadment, Maintainability, Privity, Contract


No Court shall initiate any proceedings for contempt, either on its own motion or otherwise, after expiry of prescribed period(18.04.2018)

The present Contempt Petition is filed, seeking implementation of the order dated 15th September, 2011. The present Contempt Petition has been filed a.....

Tags : Contempt Petition, Delay, Maintainability


International Cases

Relevant Court to make the application for a summons is Supreme Court of Western Australia in its General Division and not the Court of Appeal division(01.03.2018)

Present is an application by the Respondent for leave pursuant to Order 10 Rule 7 of the Rules of the Supreme Court 1971 (WA) (Rules) to serve a 'mean.....

Tags : Means Inquiry, Application, Maintainability


Once Court has refused to entertain review petition and same is dismissed, there is no question of any merger and aggrieved person has to challenge main order and not order dismissing review petition(04.07.2018)

Present petition under Article 227 of the Constitution of India impugns the order of the Court of the Civil Judge dismissing application filed by the .....

Tags : Review, Maintainability, Material irregularity


A person should not be kept in jail ordinarily, if a trial for non-bailable offence which is triable by Magistrate, is not concluded within a period of sixty days from date fixed for evidence(06.02.2019)

Present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) against the order passed by the learned Sessions Judg.....

Tags : Bail, Grant of, Revision, Maintainability


Courts shall have jurisdiction to try all suits of civil nature excepting suits of which their cognizance is either expressly or impliedly barred(15.03.2019)

In facts of present case, the dispute relates to 4/5th share in the suit land. The suit land was subjected to ceiling proceedings under the Haryana Ce.....

Tags : Suit, Maintainability, Jurisdiction


There is no bar or prohibition on payment of equal pay despite difference as regards duties and responsibilities but it depends upon wisdom of State Government(02.04.2019)

By the instant writ petition, the Petitioners have prayed for issuing a writ of mandamus to maintain a parity of pay between the AYUSH doctors and the.....

Tags : Pay scale, Parity, Maintainability


In absence of domestic relationship between parties as on date of filing of complaint, proceedings under DV Act were not maintainable(18.04.2019)

The present revision is against the judgment by which the application of the applicant came to be rejected. The said judgment was challenged before th.....

Tags : DV Act, Application, Maintainability


When Financial Creditor was pursuing its remedies in proper forum, there was continuous cause of action existed and debt cannot be considered as time barred(06.09.2019)

In facts of present case, Edelweiss Asset Reconstruction Company Limited, assignee of debt from original lender - UCO Bank (Assignor), filed Company P.....

Tags : Payment, Enforcement, Maintainability


An error which is not self-evident and has to be detected by exercise of scrutiny at length cannot be said to be an error apparent on face of record(07.08.2019)

The Petitioner being a Defendant in a suit for eviction filed an application for mandatory injunction restraining the Plaintiff/landlord from surrende.....

Tags : Injunction, Review, Maintainability


Tribunal’s order cannot be directly challenged in the Supreme Court(15.10.2019)

In facts of present matter, the State of Chhattisgarh enacted the Chhattisgarh Rent Control Act, 2011. Under this Act, in the hierarchy of adjudicatin.....

Tags : Direct appeal, Supreme Court, Maintainability


Jurisdiction of civil Courts cannot be completely taken away in spite of either an express or implied bar(19.08.2019)

The order of assessment and the demand for payment of property tax made on the Respondents was the subject matter of challenge in a civil suit filed b.....

Tags : Civil Courts, Jurisdiction, Suit, Maintainability


Refund claim cannot be entertained unless order of assessment is modified(18.09.2019)

Present appeals have been preferred by the Assessees as well as by the Union of India aggrieved by the judgment and order passed by the High Courts an.....

Tags : Assessment, Refund claim, Maintainability


Exercise of powers under Article 227 of Constitution is not affected in any manner by presence of alternate remedy but the power is to be exercised sparingly(11.11.2019)

The brief facts as noted, is that the Petitioner herein had filed a suit for permanent injunction against the Respondent in claiming right title and i.....

Tags : Jurisdiction, Application, Maintainability


Where there is an existence of dispute prior to issuance of Demand Notice, Adjudicating Authority must reject the application(22.11.2019)

Present appeal is arising out of the impugned order passed by the Adjudicating Authority (National Company Law Tribunal, Division Bench), admitting th.....

Tags : Dispute, Existence, Application, Maintainability


Top Story

Pre-existing dispute is not a bar for rejecting application filed by a financial creditor under Section 7 rules NCLAT(01.10.2019)

In a recent Judgment rendered by National Company Law Appellate Tribunal (NCLAT), it has been held that, the pendency of a suit in relating to a dispu.....

Tags : Dispute, Pendency, Application, Maintainability


Application to initiate insolvency proceedings is maintainable only when Applicant is a financial creditor under Insolvency and Bankruptcy Code (IBC).(23.10.2019)

The Appellant filed the present appeal aggrieved by the order of the Adjudicating Authority National Company Law Tribunal, whereby the Adjudicating Au.....

Tags : Nature of claim, Application, Maintainability


A party to an arbitration proceeding can challenge the arbitral award as soon as he receives it(25.11.2019)

The challenge in present petition under Section 34 of the Arbitration and Conciliation Act, 1996, is to an award/interim award dated May 18, 2019 pass.....

Tags : Arbitral award, Maintainability, Time period


For determining pecuniary jurisdiction, value of the goods or services paid as consideration alone has to be taken(28.08.2020)

In facts of present case, on 2 June, 2016, Complainant had taken Insurance Coverage from National Insurance Company Limited, under its Standard Fire a.....

Tags : Complaint, Maintainability, Jurisdiction


A special leave petition challenging the order of High Court rejecting the review petition cannot be entertained, when main judgment in the writ Petition is not challenged(05.10.2020)

Present special leave to appeal has been filed against the Division Bench judgment of the Kerala High Court rejecting the Review Petition filed by the.....

Tags : Dismissal, SLP, Maintainability


Any petition to challenge the date of birth mentioned in the service book at the fag end of service is not maintainable(28.08.2020)

Present petition under Article 226 of the Constitution of India, 1950 has been filed against the order by which the Petitioner has been retired from s.....

Tags : Date of birth, Correction, Maintainability


A demand notice delivered by an Advocate duly instructed by the Operational Creditor is a valid demand notice for purposes of initiation of CIRP(08.01.2021)

In present case, Application filed by the Appellant- Operational Creditor under Section 9 of the Insolvency and Bankruptcy Code, 2016 ("I&B Code") cam.....

Tags : Application, Maintainability, Demand notice


When a statutory form is created by law for redressal of grievance, a writ petition cannot be entertained ignoring the statutory dispensation(01.01.2021)

The instant petition has been filed for the issuance of a writ in the nature of mandamus under Article 226 of the Constitution of India, 1950 directin.....

Tags : Writ petition, Maintainability, Alternative remedy


It is mandatory to provide an opportunity to applicant for rectifying defects of application in terms of Section 9(5)(ii)(a) of IBC(19.04.2021)

Present appeal emanates from the Order passed by the Adjudicating Authority in Company Petition, whereby the Application filed by Appellant under Sect.....

Tags : Proper Authorisation, Application, Maintainability


Losing the case on merits after the advocate argued the matter is not deficiency in service on the part of the advocate for filing consumer complaint(08.11.2021)

The Petitioner filed three complaints before the District Forum through his three advocates against BSNL. All the three complaints came to be dismisse.....

Tags : Deficiency in service, Complaint, Maintainability


Unless specified by statute itself, procedural law operates retrospectively(18.08.2021)

Present Miscellaneous Application(MA) is filed by assessee seeking rectification of mistake , which as per assessee is apparent from record and has cr.....

Tags : Miscellaneous Application, Time period, Maintainability


Failure of a builder to obtain occupation certificate is a deficiency in service under Consumer Protection Act, 1986(11.01.2022)

The appeal arises from a judgment and order of the National Consumer Disputes Redressal Commission. The complaint was filed by the Appellant for refun.....

Tags : Refund, Complaint, Maintainability


If borrower is aggrieved by any of the actions of the private bank, borrower has to avail the remedy under the SARFAESI Act and no writ petition is maintainable(12.01.2022)

The original Respondent - the Assets Reconstructing Company (ARC) has preferred the present appeals against the impugned order passed by the High Cour.....

Tags : Writ petition, Maintainability, Alternate remedy


Writ petition filed under Article 227 of Constitution before High Court is maintainable against the National Commission's Appellate Order(13.05.2022)

The original Respondent before the High Court has preferred the present appeal against impugned interim order passed by the High Court, by which the l.....

Tags : Jurisdiction, Writ petition, Maintainability


Prominent Hotels Ltd. suit for injunction against eviction not maintainable(11.09.2015)

Setting aside the judgment of the trial court, the Delhi High Court pronounced Prominent Hotels’ suit for declaration and injunction against the NDMC .....

Tags : Hotel, eviction, lease, maintainability, suit


Orders passed by NCDRC in exercise of its jurisdiction are subject to appeal before the Supreme Court(07.11.2017)

Present appeals have been brought before this Court invoking Section 37(1)(a) of the Arbitration and Conciliation Act, 1996, as amended by Arbitration.....

Tags : Disputes Redressal, Appeals, Maintainability



Delhi HC: Lack of Clarity Not Ground to Dismiss an Application as Non-Maintainable(07.07.2022)

Delhi High Court has held that an application which may be unclear or wanting in requisite details, does not suffer from maintainability on that groun.....

Tags : Delhi High Court, Lack of Clarity, Maintainability


Consent of Charity Commissioner is necessary for institution of suit of nature specified in Section 50 of MPT Act(12.06.2017)

Challenge in present appeal is to impugned orders made by City Civil Court at Bombay rejecting plaint in Appellant's Suit under Order 7 Rule 11(d) of .....

Tags : Suit, Maintainability, Adequate remedy


Second complaint lie only on fresh facts or on previous facts, only if, a special case is made out(02.03.2020)

In the facts of present case, the father of the complainant passed away. It is submitted that, on 2nd November, 2010, vehicle maruti -800 owned compla.....

Tags : Forged documents, Second complaint, Maintainability


If goods bought and/or services availed are exclusively for purpose of earning livelihood by means of self-employment, such an activity shall not fall within definition of commercial purpose.(26.07.2017)

Present first appeals have been filed under Section 19 read with Section 21(a)(ii) of Consumer Protection Act, 1986 against impugned orders, passed by.....

Tags : Complaint, Maintainability, Service, Availment


Place of arbitration determines law applicable to arbitration and related matters(10.03.2017)

Appellant-Imax Corporation has challenged interim order passed by High Court of Judicature at Bombay, by which High Court held that, petition under Se.....

Tags : Award, Jurisdiction, Maintainability


Writ petition should normally not be entertained against mere issuance of show cause notice(14.11.2019)

Present Appeal under Section 35L of the Central Excise Act, 1944 arises out of Order passed by the Customs, Excise and Service Tax Appellate Tribunal,.....

Tags : Show Cause Notice, Adjudication, Maintainability


Complaint cannot barred by limitation, where there is case of continuing cause of action(10.01.2018)

Instant first appeal has been filed under Section 19, read with Section 21(a)(ii) of the Consumer Protection Act, 1986 against the impugned order, pas.....

Tags : Complaint, Maintainability, Possession


Blast from the Past

Warranting appeal from decision of a Single Judge(10.09.1952)

Whether a High Court can sit in appeal against an order passed under Article 226 of the Constitution of India by a Single Judge of the same court has .....

Tags : Single judge, appeal, maintainability, letters patent


Adjudicating Authority under IBC is not a 'Court of Law' and it does not decide money claim or 'Suit'(18.11.2019)

The Appellant/'Financial Creditor' had projected the Application under Section 7 of the Insolvency & Bankruptcy Code, 2016 ('I&B' Code,) read with Rul.....

Tags : Dispute, Adjudication, Application, Maintainability


Commissioner is empowered to entertain even a new ground not urged before lower authorities while exercising revisional powers(03.07.2017)

Petitioner, Rites Limited, has filed present petition challenging order passed by Respondent. By order dated 10th December 2010, CIT(A) dismissed appe.....

Tags : Application, Maintainability, New ground


What was not decided in appeal by the Division Bench could not be decided by the Division Bench while deciding the review application(12.03.2018)

Present appeals are against the final judgment passed by the High Court whereby the Division Bench of the High Court dismissed the review application .....

Tags : Application, Review, Maintainability


The acknowledgment in the form of letters/OTS/Settlement terms made by 'Corporate Debtor' before expiry of period of limitation results in a fresh period of limitation(22.05.2020)

The limited question involved in present appeal is whether the application under Section 7 of the Insolvency and Bankruptcy Code, 2016 ("I&B Code") fi.....

Tags : Debt, Application, Maintainability


Action under Section 7 of the IBC could be invoked even against a (corporate) guarantor(26.03.2021)

Two central issues arise for determination in present appeal are (i) Whether an action under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IB.....

Tags : Insolvency Process, Maintainability, Corporate Guarantor


The period of delay is to be counted from the knowledge of the deficiency(14.09.2017)

Instant first appeal has been filed by the Appellant against the order passed by the State Commission. Appellant/complainant had purchased the first f.....

Tags : Complaint, Delay, Maintainability


In case of a Society, the will of majority of the members of Society is supreme(15.09.2017)

By present writ petition, the Petitioner-Educational Institution seeks quashing of communication dated 19th August, 2016, sent by Divisional Joint Reg.....

Tags : De-registration, Proposal, Maintainability


Civil suit would be triable by the Civil Court; Arbitrator has no jurisdiction to decide the eviction/rent disputes(12.10.2017)

Present appeal is filed by the Defendant against the final judgment passed by the High Court of Delhi at New Delhi whereby the High Court dismissed th.....

Tags : Eviction, Application, Maintainability


Provision of hostel facilities to nurses so as to facilitate better medical care is a positive duty enjoined upon hospital and cannot be linked to any commercial activity(14.11.2019)

In present matter, the Appellant’s case is that Respondent No. 1/Opposite Party No. 1 had developed two buildings ‘Madhuvan’ with thirty two ‘1 BHK’ f.....

Tags : Complaint, Maintainability, Transaction, Nature


Dispute as to inheritance of shares is a civil dispute cannot be decided in proceedings under Section 241/242 of Companies Act, 2013(06.07.2020)

Present appeals have been preferred against the judgment passed by the National Company Law Appellate Tribunal, New Delhi, (‘the NCLAT’) in Company Ap.....

Tags : Shares, Civil dispute, Maintainability


Review in a criminal proceeding is permissible only on ground of error apparent on face of record(09.07.2018)

Present review petitions have been filed by two applicants Vinay Sharma-Accused No. 1 and Pawan Kumar Gupta-Accused No. 2 to review the judgment of pr.....

Tags : Review, death penalty, Maintainability


Allahabad HC: No Absolute Bar on Maintainability of Writ Against State in Contractual Matters(31.01.2022)

Allahabad High Court has observed that there is no absolute bar on the maintainability of a writ petition against the state and its instrumentalities .....

Tags : Allahabad High Court, Maintainability of Writ Against State


Complaint filed on behalf of a company under Section 138 of the NI Act not to be dismissed merely for reason that it stated the name of Managing Director first followed by Company's name(10.11.2021)

The case made out in the complaint is that, a sum of Rs.1,60,000 was advanced to the Respondent by the Company and the cheques were issued to repay th.....

Tags : Cheque bounce, Complaint, Maintainability


Dispute cannot be decided by arbitrator, when Trust Act provides for sufficient remedies to aggrieved persons by giving them right to approach Civil Court(17.08.2016)

In facts of the present case, since parties could not settle disputes/differences and nor could they agree for appointment of arbitrator amicably, Res.....

Tags : Arbitration application, Maintainability, Remedies, Civil Court


Appeal against Single Judge order for further criminal investigation not maintainable(19.11.2015)

The Orissa High Court held that an appeal against a Single Judge judgment directing further investigation in a criminal investigation was not maintain.....

Tags : Appeal, single judge, maintainability, criminal


If acknowledgement is made before expiry of period of limitation, then a fresh period of limitation shall be computed from time, when acknowledgement was signed(14.02.2020)

Present two Appeals emanates from the common order passed by the Adjudicating Authority/National Company Law Tribunal, whereby the Application filed b.....

Tags : Application, Maintainability, Time Extension