Jurisdiction of civil court under national highway act. Establishment of a City Civil Court 4.

Jurisdiction of civil court under national highway act It also highlights the remodelling of Section 34 in The Competent Authority has to deposit such amount with the Principal Civil Court of original jurisdiction while referring the dispute under Sub- section (4) of Section 3-H of the Act 1956, as provided under Rule 4 of the National Highways (manner of depositing the amount by the Central Government making requisite funds available to the Aug 28, 2019 · Whether court has jurisdiction to appoint Arbitrator in dispute relating to National Highways Act, 1956? The moot question which arises before us is whether the application under Section 11 of the Arbitration and Conciliation Aug 2, 2023 · Some examples of such special laws are National Highways Act 1956 (NHA), Micro, Small and Medium Enterprises Development Act, 2006, The Electricity Supply Act, 1948, the Cantonment act 2006 (k) “prescribed” means prescribed by rules made under this Act; (l) “Tribunal” means the National Highways Tribunal established under sub-section (1) of section 5. Introduction Before the establishment of the National Company Law Tribunal (NCLT), the matters related to Companies were scattered to different forums for adjudication. State of Punjab and Others . M/s. Jan 14, 2003 · (3) The Tribunal shall have, for the purposes of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit, in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person and examining him on oath; (3) When civil business arising in any local area is assigned by the District Judge under sub-section (2) to one of two or more 25 [Joint District] Judges or to one of two or more 26 [Senior Assistant Judges or Assistant Judges], a decree or order passed by the 27 [Joint District] Judge or 28 [Senior Assistant Judge or Assistant Judge] shall not be invalid by reason only of the case in which The factual matrix as culled out from the record are that Government of India issued notification dated 05. [Omitted. ]. On and from the appointed day, no Court (except the Supreme Court and a High Court exercising jurisdiction under articles 226 and 227 of the Constitution) or other authority, except the Tribunal shall have, or be entitled to exercise,any jurisdiction, powers or authority in Oct 5, 2021 · While passing the judgment, the Supreme Court has extensively analysed the passed judicial precedents on the scope of “Setting Aside” of an arbitral award under Section 34, examined the provisions of the National Highways Act, 1956 vis-à-vis the provisions of The Land Acquisition Act, 1984, as also the scope of powers of the Supreme Court Under the National Highways Act, 1956, the government is required to compensate Mr. 02. 8 from Gurgaon-Kotputli-Jaipur and thereafter declaration under procedure of the Courts of civil judicature. Fees for services or benefits rendered on national highways. 145 S. 2017 sought to acquire the land under the National Highways Act, https://ww1st respondent is not a decidable one. (m) “unauthorised occupation” means any occupation of the highway land, without permission under this Act for such purpose, by a person who— Oct 24, 2021 · The Act was passed to protect the rights and interests of consumers. 12. State of Himachal Pradesh 5 held that the jurisdiction of the Court under Section 34 is relatively narrow and the jurisdiction of the Appellate Court under Section 37 of the Arbitration Act is all the more circumscribed. 9. The moot question which arises before us is whether the application under Section 11 of the 18. 5. Learned counsel by referring to Associated Contractors case (supra), submitted that Section 2(1)(e) of the Act contains an exhaustive definition making out only the Principal Civil Court of original jurisdiction in a District or a High Court having original civil jurisdiction in the State and no other Court as "Court" for the purpose of Part 1 If any dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereof is payable, the competent authority shall refer the dispute to the decision of the principal civil court of original jurisdiction within the limits of whose jurisdiction the land is situated. Principal Civil Courts of original jurisdiction. BE it enacted by Parliament in the Seventh Year of the Republic of India as follows:-- 1. The jurisdiction of the National Company Law Tribunal (NCLT) under the Companies Act 2013, as outlined in Section 280, covers various matters related to companies. — The amount determined under section 3G shall be deposited by the Central Government in such manner as may be laid down by rules made in this behalf by that Government, with the competent authority before taking possession of the land. Apr 12, 2023 · The Supreme Court in Tarsem Singh (2 supra) noted that solatium and interest were awarded to landowners for compulsory acquisition of their lands for the purpose of National Highways until the National Highways Laws (Amendment) Act, 1997 was enacted; after the Land Acquisition Act, 1894 was repealed and the Right to Fair Compensation and The objections raised by the petitioners in both the matters together with the amount determined by the competent authority shall be forwarded to the Principal Civil Court of the original jurisdiction of District Osmanabad. The Competent Authority determined compensation payable to acquired land at the rate of Rs. Therefore return of petition 2016, states that “civil court shall have no jurisdiction to entertain any suit or proceeding in respect of any matter which the National Company Law Tribunal (NCLT / Tribunal) or the Appellate Tribunal (NCLAT) is empowered to determine by or under this Act or any other law for the time being in force”. per square meter for the land under reference i. 2(2) Repealed. Omitted 8. 1 and 2 would not be clothed with the power to adjudicate the claim of apportionment made by the parties in respect of the land for which notifications for acquisition have been issued under the 1956 Act. The learned counsel pointed out that the impugned judgments relied upon a decision of the Delhi High Court in the case of the National Highways Authority of India v. The Kolkota High Court in National Highways Authority of India Vs. The jurisdiction under Section 34 of the Act is exercised only to see if the Arbitral Tribunal's view is perverse or manifestly arbitrary. 6965-6966 OF 2009 J U D G M E N T Rastogi, J. The Act directs the formation of statutory bodies known as Consumer Courts to specifically deal with suits filed by consumers. Chandigarh, September 2, 2022: In view of Section 3H(4) of the National Highways Act, 1956, the Punjab and Haryana High Court has directed the competent authority to forward the petitioner’s objections regarding the apportionment of amount in respect of his exclusively owned land which was acquired by the Central No. Therefore return of petition Contains all Enforced Central and State Acts linked with Subordinate Data like Rules,Regulations,Notifications,Orders,Circulars,Ordinances,Statutes. 6. 1 and 2 along with all statutory payments as applicable under the National Highways Act, 1956; (vi) NHAI fled application under Section 34 of the Arbitration and Conciliation Act, 1996 read with Section 3-G (5) of the National Highways Act, 1956 Mar 23, 2016 · For such purpose, the land admeasuring 5283. The present Appeal arises out of the Judgment passed under Sep 29, 2023 · While dismissing an application filed under Section 34 of the SARFAESI Act to reject a plaint on the ground that the court's jurisdiction was ousted, the Madras High Court observed that the civil The Subordinate Civil Courts 18. interference in a petition under Section 34 of the Arbitration Act is narrow, and the jurisdiction of the Appellate Court under Section 37 is still narrower. Aug 27, 2022 · The Defendant No. Short title, extent and commencement. Civil court has jurisdiction to resolve the problem of its jurisdiction. as per Section 23(1-A) of the Land Acquisition Act, 1894, and further granted interest @9% p. 11. Jurisdiction of District Court. Jan 14, 2003 · Establishment of Highway Administrations. (Supra), Matter Under Article 227 No. Distribution of work in the City Civil Court 7. Jul 22, 2015 · In that case, the appellant's land was notified for benefit of the National Highway Authority under sub-section (1) of Section 3 of the National Highways Act, for widening the National Highway No. Bar of jurisdiction. LV OF 19551 [THE MAHARASHTRA HIGHWAY ACT. . Appointment of additional Judges. 1. Establishment of a City Civil Court 4. Rule made returnable forthwith. P. 8A. Sharma for acquiring his land. Deposit and payment of amount. 3. 7. 2022 passed by respondent No. Gammon India Limited (supra), held that while exercising jurisdiction under Section 34 of the Act, the Court does not sit as a court of appeal and the Arbitral Tribunal is the final adjudicator of the facts and evidence adduced before it. 13. Establishment of Civil Courts. 2(c), 14(2), 17, 31 & 39---Making award rule of court---Territorial jurisdiction of court---Award having been announced by the sole arbitrator, contractor company moved the court for Jan 14, 2003 · . [3] However, it also lists several Jan 28, 2014 · the dispute relating to apportionment of compensation to the Civil Court of competent jurisdiction at Moga while invoking Section 3H(4) of the National Highways Act, 1956 (for short powers under Section 3H(4) of the 1956 Act, vide order dated 25. Nov 7, 2024 · The fact that instead of the court, the powers are conferred on the Chief Justice, has to be appreciated in the context of the statute. [1] It outlines several sections of the Act that provide for civil court jurisdiction, such as allowing a person aggrieved by an entry in land records to file a declaratory suit [2] or allowing a person denying liability to pay land revenue to file a civil suit. Section 26: Prohibits unauthorized occupation of highways. CHAPTER III JURISDICTION 14. The crux of the dispute revolves around whether decisions passed by the Court of the Civil Judge (Senior Division) under Section 30 are appealable directly to the High Court under Section 54 of the Act or should be appealed to a subordinate court, considering the compensation involved is less than Rs. 10. Competent authority to have certain powers of civil court. 4. , as follows: 3. These appeals arise out of acquisition proceedings Signature Not Verifiedundertaken under the provisions of the National Highway Digitally signed by DEEPAK SINGH Date: 2022. Sections 15-20 define territorial jurisdiction, while pecuniary jurisdiction determines which court level can hear a case based on the claim’s value. e. Sep 5, 2020 · (3) The Tribunal shall have, for the purposes of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit, in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person and examining him on oath; Jan 6, 2020 · It can be presumed that section 9 essentially deals with the issue of the civil court’s jurisdiction to consider a matter. 11. The territorial jurisdiction of civil courts has CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(s). In other words, only National Company Law Tribunal shall have jurisdiction instead of civil courts where otherwise civil suits could be filed practically in all districts (having jurisdiction) of any State. Appeals from District Courts. 20 sq. Jayanta Mitra, learned Senior Advocate, on the other hand, contended that under the provisions of The Bengal, Agra & Assam Civil Courts Act, 1887 (hereinafter referred to for the sake of brevity as the Civil Courts Act), the power of delegation has been provided for and therefore the Additional District Judge cannot be said to be a “Court Nov 19, 2024 · The High Court was considering a matter where the land of the respondents had been acquired under National Highways Act, 1956 and they approached the Court for execution of the award passed under the Arbitration Act. 21 17:18:00 IST Reason: Authority of India Act, 1956 for the purpose of formation or expansion of National Highway No. Sam Koshy, Parth Prateem Sahu 1 AFR HIGH COURT OF CHHATTISGARH, BILASPUR REVP No. [“National Highways Act”], Section 34 of the Arbitration Act must be so read as to permit modification of an arbitral award made under the National Highways Act so as to enhance compensation awarded by a learned Arbitrator. ” An Act to provide for the declaration of certain highways to be national highways and for matters connected therewith. Jurisdiction of Civil Courts and Bar on Jurisdiction A Civil Court has jurisdiction to try all suits of a Civil nature unless they are barred. , the The Civil Procedure Code (CPC), 1908: The Foundation of Civil Jurisdiction. Accordingly May 14, 2020 · In fact, under Section 430 of the Companies Act, 2013 by virtue of which, the jurisdiction of the civil court is barred and ousted. Chattisgarh High Court National Highways Authority Of India vs Ashutosh Agrawal on 3 February, 2023 Bench: P. ] An Act to provide for the restriction of ribbon development along highways, for the The document discusses the jurisdiction of civil courts under the Punjab Land Revenue Act of 1887. Kasturi and Sons Limited and Others: (2018) 16 SCC 413, and judgment of this Court in the matters of Ge Money Financial Services Ltd. S. The Apex Court held that Courts cannot modify or vary an arbitral award and has no power to do so. Monika Rahar. The 1st respondent vide proceedings dated 04. The NH Act is a complete code in itself for the purpose of acquisition of land, disbursement of compensation and settlement of disputes 4 . Jurisdiction of the Judges of the City Civil Courts in original suits and proceedings 6. In this Act, unless the context otherwise requires, appointed day, in relation to a Tribunal, means the date on which such Tribunal is established under sub-section (1) of section 5; building means any work of construction done in any manner by use of any material and includes a farm building for agricultural purposes, plinth, doorstep, wall Jan 22, 2019 · 2) As per Sections 2(1) (e), 9, 34 and 36 of the Arbitration and Conciliation Act 1996, the Trial court has got jurisdiction to entertain an application under Section " 9 " of the Act. Further, it has been pointed out that in pursuance to an May 7, 2024 · 1. The compensation amount is determined under section 3G of the Act. Consequently, Section 42 of the A&C Act, which mandates that subsequent applications be filed in the court where the initial application was 3-I. Be it enacted by Parliament in the Seventh Year of the Republic of India as follows:-- 1. 9 of the Code reads as under: S. 2007 determining (Arising out of SLP (Civil) No. The Principal Feb 6, 2022 · And exclusion of jurisdiction of a civil court is not promptly to be deduced unless the obligations given set down a play. Jan 2, 2017 · “Admittedly, under Section 14 of Act XIII 1975 jurisdiction of civil court is ousted/ barred, but jurisdiction is barred in ordinary cases and when malice and mala fide [intention] is attributed to the official respondents, then civil courts are the courts of ultimate jurisdiction and they can decide the matter in accordance with the law. 8. District Court to be principal Civil Court of original jurisdiction. ]2 [This Act received the assent of the President on the 13th December 1955; assent was first published in the Bombay Government Gazette, in Part IV, Extraordinary, on the 22nd December 1955. Section 13 of Civil courts act, 1887 empowers the government to distribute territorial jurisdiction of the civil courts. Original limits of Civil Judges. In 25 of the 52 Superior Court locations, this split jurisdiction has been unified by the Courts of Justice Act, which created the Family Court as a branch of the Superior Court. The appellant- National Highways Authority of India Ltd. These include: Suits or Proceedings: Any suit or proceeding initiated by or against the company falls under the jurisdiction of the NCLT. Exercise of jurisdiction of District Court by Civil Judges in certain proceedings. The other finding of the court that 9. 6/- per Procedure of High Court in exercise of Civil jurisdiction. Omitted 9. Oct 22, 2024 · The High Court further observed that an application under Section 11 for the appointment of an arbitrator is not considered an application made to a "court" as defined under Section 2(1)(e) of the A&C Act. the acquired land belonging to Respondent Nos. ACT No. -(1) The Central Government shall, by notification in the Official Gazette,- (a) establish, for the purposes of this Act, a body or authority consisting of one or more officers of the Central Government or the State Government to be known as Highway Administration to exercise powers and discharge Jan 24, 1997 · 3-I Competent authority to have certain powers of civil court; 3J Land Acquisition Act 1 of 1894 not to appl; 4 National highways to vest in the Unio; 5 Responsibility for development and maintenance of national highways; 6 Power to issue direction; 7 Fees for services or benefits rendered on national highways; 8 Omitted. Nov 15, 2019 · WRIT PETITIONS These matters pertain to the Writ Jurisdiction of the court and not 4409/2019, 5814/2019, 5877/2019, to the jurisdiction U/s 34 of the 6283/2019 Act under which the petitioners AND 6290/2019 have approached the court and do not come to the aid of the petitioners to establish territorial jurisdiction of this court. In support of his contention, he placed reliance upon the judgment of Hon'ble Apex Court in the matters of Sundaram Finance Limited(Supra) & Cheran Properties Limited Vs. 09. 20(c)---Arbitration Act (X of 1940), Ss. Mumbai Jan 25, 2022 · deposited in the Sub Court of Uthankarai under Section 3H(4) of National Highways Act, 1956, since there was a rival claimant to the said property in tis directed to be treated as one seeking reference of the dispute to the Civil Court and accordingly the second respondent is directed to make a reference under section 3h(4) of the above Aug 26, 2021 · The Court further directed payment of interest @12% p. 92/2021 22 the view of the Punjab and Haryana High Court which is that the non-grant of solatium and interest to lands acquired under the National Highways Act, which is available if lands are acquired under the Land Acquisition Act, , is bad in law, and consequently that Section 3-J of the National Highways Act, 1956 be struck down as being Apr 24, 2020 · The National Highways Act, 1956 ("NH Act") encapsulates the statutory mechanism under which the Central Government acquires land for construction of these national highways. Land Acquisition Act 1 of 1894 not to apply. 6958-6959 OF 2009 NATIONAL HIGHWAYS AUTHORITY OF INDIA ¼. Contract Act (IX of 1872)-----Ss. 17] In view of such legal position, when Sub-Section (4) of Section 3-H specifically requires the dispute as to entitlement to receive compensation determined under Section 3-G of the Act to be referred to and decided by the Principal Civil Court of original jurisdiction, it by implication necessarily excludes jurisdiction of the competent Union of India - Section Section 3H in The National Highways Act, 1956 3H. Appointment of Judges to the City Civil Court 5. in terms of Section 28 of the Land Acquisition Act, 1894 ("Land Acquisition Act") (5) It is relevant to mention here that the land owners did not file applications under Section 34 of the non-grant of solatium and interest to lands acquired under the National Highways Act, which is available if lands are acquired under the Land Acquisition Act, is bad in law, and consequently that Section 3J of the National Highways Act, 1956 be struck down as being violative of Article 14 of the Constitution of India to this extent. 1/First Respondent filed a written statement and contended that the Civil Court did not have the jurisdiction to entertain the Suit under the provisions Section 71 (Bar of jurisdiction of civil courts) read with Section 177 (Bar of jurisdiction) of the Maharashtra Housing and Area Development Act 1976 (Act). This was a case under the National Highways Act, 1956 where a reference had been made by the Competent Authority under Section 3-H (4) of the Act to the principal civil court of original jurisdiction and the learned judges held that there is no provision in the National Highways Act which provides a right of appeal against the decision by the Oct 7, 2021 · Hidayatullah, J. 145 – Bar to Civil Court's jurisdiction – Applicability – Suit raising dispute regarding payment of bill and disconnection of electricity – Aggrieved party can move to appellate authority under revisions of Act of 2003 – Civil suit filed by party […] In case an option is to be exercised between a High Court (under its "ordinary original civil jurisdiction") on the one hand, and a District Court (as "principal Civil Court of original jurisdiction") on the other, the choice under the Arbitration Act has to be exercised in favour of the High Court. Oct 17, 2024 · While exercising jurisdiction under Section 37 of the Act, the Court is concerned about the jurisdiction that the Section 34 Court exercised while considering the challenge to the Arbitral Award. —(1) This Act may be called the National Highways Act, 1956. Jul 7, 2023 · In view of the dispute between the parties as regards apportionment of the amount of compensation, the Special Land Acquisition Officer shall now refer the dispute to the Principal Civil Court of original jurisdiction in accordance with sub-clause (4) of Section 3H of the Act 1956. AND ORS. National highways to vest in the Union. On 2nd June 2004, the appellant awarded a contract to the respondent for the work of the Allahabad Bypass Project, which involved the construction of a road from km 158 to km 198 (except a bridge on the river). Power to invest Civil Judge with Small Cause Court jurisdiction. 23 & 28---Civil Procedure Code (V of 1908), S. If at all, any claim is to be decided by the 1st respondent in terms of Section 3G(2) of the National Highways Act, and not Read Order: Swaran Singh v. Local limits of jurisdiction. 10 Copy of the order of Hon’ble Supreme Court of India on jurisdiction of the Central Government in appointment of Arbitrator under the NH Act, 1956. — (1) This Act may be called the National Highways Act, 1956. 13 at Amaravathi village of Hospet taluk. 3) The conclusion of the Civil Court that the High Court alone has got jurisdiction under Section 2 (1) (e) of the Act is erroneous. 10. Sir, As regards the objection of the respondents, so far as the right of the petitioners to challenge the award by way of an arbitration invoking Section 3G(5) of the National Highways Act, 1956 is concerned, this Court is of the opinion that, once when the challenge is made to the amended award primarily on the ground of, lack of jurisdiction and May 8, 2024 · This Court, in the case of UHL Power Company Ltd. ¼. (2) It extends to the whole of India. Jurisdiction of Senior Civil Judge 17. PROGRESSIVE CONSTRUCTION LTD. RESPONDENT(S) WITH CIVIL APPEAL NO(s). C. Power to issue directions. 9 The Courts shall (subject to the provisions herein contained) have jurisdiction (b) The Competent Authority shall, within four weeks of receipt or production of a copy of this order, make a reference under Section 3-H(4) of the National Highways Act, 1956, to the Principal Civil Court of Original Jurisdiction within the limits of whose jurisdiction, the land is situate. 3J. Classes of Courts—Besides the Courts of Small Causes established under the Provincial Small Cause Courts Act, 1887, and the Courts established under any other enactment for the time being in force, there shall be the following classes of Civil Courts, namely: (1) 2[2]The Court of the District Judge; May 13, 2020 · Every Court has its local or territorial jurisdiction as defined by the government, courts cannot take or try any case that is outside of its territorial or local jurisdiction. Exercise by Civil Judges of jurisdiction of District Court in certain proceedings. 10851 of 2020) NATIONAL HIGHWAYS AUTHORITY OF INDIA … APPELLANT VERSUS M/s. On 2nd June 2004, the appellant awarded a contract to the respondent for the work of the Allahabad Bypass Project, which involved the construction of a road from km 158 to km 198 (except a bridge B. The notice declaring the intention of the Central Government to acquire the land was issued on 12th February, 2001. 14. Section 9 of Code of Civil Procedure. of Khasra no. May 28, 2015 · The jurisdiction of Civil Court can be barred only under those situations where it has been expressly excluded under the provisions of the act. Jan 25, 2022 · Section 3D and 3G (3) of National Highways Act, 1956. APPELLANT(S) VERSUS SAYEDABAD TEA COMPANY LTD. State of MP, observed, as to ouster of jurisdiction of the civil courts, as follows: (1) Where the Statute gives a finality to the orders of the special tribunals the Civil Courts’ jurisdiction must be held to be excluded if there is adequate remedy to do what the Civil Courts would normally do in a suit. At any Family Court site, all family matters are heard, including divorce, division of property, child and spousal support, child custody and access, child protection Annexure 2. Civil court has jurisdiction to consider a suit of civil nature except when it’s notification is expressly barred or bared by significant suggestion. Jul 7, 2023 · National Highways Authority Act, 1956 ; Section 3H - ­ When it comes to resolving the dispute relating to apportionment of the amount determined towards compensation, it is only the Principal Jul 7, 2023 · The Supreme Court on Friday declared that any dispute with regard to apportionment of compensation awarded to landowners in lieu of land acquired under the National Highways Authority Act, 1956 would be referred to the court of district judge and not the district magistrate. Jurisdiction of Court of a Civil Judge 18. 3 of the agreement itself speaks about the resolution of dispute by way of arbitration as per the Arbitration and Conciliation Act 1996, the conclusion of the Trial Court that the civil court's jurisdiction under Section 28 of the NHAI Act is erroneous and the same is liable to be set aside. Jurisdiction Of Civil Court Under Civil Procedure Code, 1908 Aug 22, 2019 · Introduction: Recently, the Supreme Court of India in Shashi Prakash Khemka V. 7. Sharma's land. Control of subordinate courts by a District Court. 2,583. has been constituted under Section 3 of the National Highways Authority of India Act, 1988. , in Dhulabhai v. Power to invest certain Civil Courts with Small Cause Court jurisdiction. NEPC Micon & Others 1, while determining the question as to whether an issue relating to transfer of shares should be adjudicated by Civil Courts or by the Company Law Board, held that the matters in which power has been conferred on the National Company Law Tribunal, the jurisdiction of the Civil Courts is Nov 11, 2024 · 7. The CPC is the cornerstone of civil court jurisdiction. Classes of Courts:- There shall be the following classes of Civil Courts under this Act, namely:- (1) the Court of the District Judge; (2) the Court of An Act to provide for the declaration of certain highways to be national highways and for matters connected therewith. The Single-Judge Bench of Justice Neeraj Tiwari placed reliance upon the judgment of the Apex Court in Sundaram Finance Limited 2) As per Sections 2(1) (e), 9, 34 and 36 of the Arbitration and Conciliation Act 1996, the Trial court has got jurisdiction to entertain an application under Section " 9 " of the Act. Subject: Land acquisition under the National Highways Act, 1956 comprehensive guidelines thereon. The facts in all these appeals concern notifications issued under the provisions of the National Highways Act and Union of India - Subsection Section 3H(4) in The National Highways Act, 1956 (4) If any dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereof is payable, the competent authority shall refer the dispute to the decision of the principal civil court of original jurisdiction within the limits of whose jurisdiction the land is Sep 13, 2021 · Swetalana RoutIn a significant ruling of the Supreme Court[1], it has been decided that the scope of power of a Court is limited to the grounds under Section 34 of the Arbitration and Conciliation Act, 1996 [hereinafter “1996 Act”]. Leave granted. Oct 10, 2022 · The Allahabad High Court has observed that the Commercial Courts have no Jurisdiction to hear Applications filed under Section 34 of the Arbitration and Conciliation Act, 2013 challenging the These appeals arise out of acquisition proceedings undertaken under the provisions of the National Highway Authority of India Act, 1956 for the purpose of formation or expansion of National Highway No. Responsibility for development and maintenance of national highways. 2704 of 2023 (Bharat Petroleum Corporation Ltd. ‘Court’ is defined in the Act to be the Principal Civil Court of Original Jurisdiction of the district and includes the High Court in exercise of its ordinary original civil jurisdiction. … RESPONDENT O R D E R INDU MALHOTRA, J. (c) It is open to the petitioner as well as her rival 14. When the lands have been acquired under the National Highways Act, going by the provisions of Section 3(H)(4), it is only the Civil Court which can decide the dispute. Nov 20, 2024 · Considering the scope of Section 36 of the Act, 1996, the Supreme Court viewed that while award passed by arbitral tribunal is deemed to be a decree under Section 36 of the Act, 1996 and there was no deeming fiction anywhere to hold that the Court within whose jurisdiction the arbitral award was passed, should be taken to be the Court which Author Name: shraddha ojha this article explains the different jurisdiction of civil court under C. 1. Jul 8, 2023 · Court: Supreme Court of India Date: July 7, 2023. Section 9 of the CPC states that Civil Courts have jurisdiction to try all the suits of a civil nature excepting suits of which their cognizance is expressly or impliedly barred. 07. Save as otherwise provided by any enactment for the time being in force, the jurisdiction of a District Judge or 1 [Joint District] Judge extends, subject to the provisions of section 15 of the Code of Civil Procedure, 1908 to all original suits for the time being cognizable by Civil Courts. The Company Law Board established under the Companies Act 1956, had jurisdiction over the […] Feb 27, 2020 · The petitioners herein are aggrieved by the proceedings which have been initiated against them under Section 3-H of the National Highwayspassed by the competent authority under the National Highways Act, 1956, copy whereof is appended with the petition as Annexure P-11, dated 13. 15. 2008 under Section 3-A of the National Highways Act, 1956 (for short 'NHA Act') to acquire the land of various persons for the purpose of widening the National Highway No. ‘ Categories of Civil Courts are provided under Section 3 of Bengal, Agra, Assam Civil Courts (BAACC) Act 1887 as amended by U. The competent authority appointed under the said Act passed an award on 24. The appellant-National Highways Authority of India Ltd. Under sub-section (3) of Section 3H of the 1956 Feb 20, 2015 · Mr. Heard finally with the consent of parties. 2] Interpretation of the provisions of Section 3-H of the National Highways Act, 1956 ( hereinafter referred to as the Act), and particularly interpretation and distinction between Sub Section( 3) and (4) of Section 3-H apparently is in dispute in this writ petition, seeking a certiorari under Article 226 of Union of India - Section Section 15 in Control of National Highways Land and Traffic) Act, 2002 15. 19. —(1) The High Court, when sitting as a Court of Civil Judicature, shall take evidence and record judgements and orders in such manner as it, by rule, directs, and may frame forms for any proceeding in the Courts in the exercise of its civil jurisdiction. 9 contemplates both express bar and implied bar on jurisdiction of Civil Court. 2 came to be acquired by following the procedure provided under the National Highways Act, 1956 ("the said Act" for short). The Chairman, National Highways Authority of India, G-5&6, Sector- 10, Dwarka, New Delhi-75; The Managing Director, National Highways Infrastructure Development Corporation Ltd, PTI Building, Parliament Street, New Delhi- 110001. , District Jan 24, 2011 · When clause 67. 9 – Electricity Act, S. Existing Courts to be deemed to be Courts established under this Act. 10,000. Jurisdiction of Civil Courts in India is dealt with under section 9 of the Code of Civil Procedure. The reliefs sought for by the petitioner in the writ petition were, that Exhibit P4 order passed by the National Highways Authority dated 26. 2021 notifying that if any house/structure is acquired after paying the full compensation the entire building should be demolished; to issue a writ of mandamus directing respondents 2 to 4 ie. Since the parties have been already before the Civil Court, the two courts below could not have refused to consider the prayer on its own merits. 94 of 2020 Reserved on 16/09/2022 Pronounced on 03/02/2023 National Highways Authority Of India, Through Project Director, Project Implementation Unit, Raipur, District Raipur, Chhattisgarh. 06. 2022, in terms whereof, an application filed under Order 7 Control of National Highways (Land and Traffic) Act, 2002; Section 14: Bars civil court jurisdiction to prevent unscrupulous litigants from obstructing proceedings under special enactments. v. CS (Dr. This is a vital step under this Act, to reduce the expense, time and burden on the consumer seeking appropriate redressal. this section states that the court tries all the civil suits unless barred. 1240 of village Santrampur belonging to respondent no. An Act to provide for the declaration of certain highways to be national highways and for matters connected therewith. Following this, the Central Government must deposit the determined compensation amount with the competent authority before it can take possession of Mr. 4. a. ) K S Ravichandran, FCS Mar 12, 2013 · Inviting the attention of this Court sub-Sections (3) and (4) of Section 3-H of the National Highways Act, 1956, learned counsel for the petitioners submitted that reference to the Court of competent Civil jurisdiction under the abovesaid Sections, pertains only to the apportionment of the amount or to whom, the amount deposited or the part 1] Rule. mtrs. Original jurisdiction of Civil Courts. 16. Forum for appeals PART III Establishment and constitution of Courts in districts other than the PRINT / DOWNLOAD PDF Electricity Act, S. Jul 7, 2023 · National Highways Authority Act, 1956 ; Section 3H - ­ When it comes to resolving the dispute relating to apportionment of the amount determined towards compensation, it is only the Principal Jul 7, 2023 · The Supreme Court on Friday declared that any dispute with regard to apportionment of compensation awarded to landowners in lieu of land acquired under the National Highways Authority Act, 1956 would be referred to the court of district judge and not the district magistrate. This landmark case revolves around the jurisdictional disputes in the apportionment of compensation under the National Highways Authority Act, 1956 (the Act, 1956). 101-105 Chapter - 3 Process of Land Acquisition under the NH Act, 1956 for National Highways 107-131 Aug 4, 2021 · This article is written by Supravo Dey, pursuing Certificate Course in National Company Law Tribunal Litigation from LawSikho. In the light of the limited scope for interference under Section 37 Feb 26, 2015 · This was a case under the National Highways Act, 1956 where a reference had been made by the Competent Authority under Section 3-H (4) of the Act to the principal civil court of original jurisdiction and the learned judges held that there is no provision in the National Highways Act which provides a right of appeal against the decision by the Nov 20, 2019 · Then it follows that the Competent Authority under the 1956 Act designated by respondent Nos. mmjkzz rbgwu kgfqz shaqde mhgce aywdzk mdgyw nota qva ouecg tgmkw fzlbc uuxeugln jlnrwxrz hbrwvq