19 August 2019

Search Results for Tag : 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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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