Back
KHATIM REZA
Chandra Prabha Lal – Appellant
Versus
Hem Developers Pvt. Ltd. – Respondent
ORDER
The appellant has preferred this appeal under Section 58(1) of the Real Estate (Regulation and Development) Act, (‘the Act’ in short) 2016 under Civil Appellate jurisdiction, which has been registered a Second Appeal No. 132 of 2021 (Smt. Chandra Prabha Lal vs. M/s Hem Developers Pvt. Ltd) under Civil Appellate jurisdiction.
2. The appellant has assailed an order dated 22.01.2020 passed by the Real Estate Appellate Tribunal, Bihar (‘the Tribunal’ in short), in the present appeal.
3. The office has placed this matter on the point of maintainability with the following office notes: –
“(i) Miscellaneous Appeal under Section 58 of the RERA Act would be a proper forum and is to be incorporated in the software for filing an appeal against the aforesaid impugned order.
Or,
(ii) Special Category of Appeal i.e. RERA Appeal under Section 58 of the aforesaid RERA Act is to be incorporated in the software against the aforesaid impugned order
Or,
(iii) Any other order the Hon’ble Court may deem fit and proper.”
4. Two short questions which require consideration in view of the aforementioned o
Appeals under Section 58 of the RERA Act can only be entertained on the grounds specified under Section 100 of the Code of Civil Procedure, involving substantial questions of law. The applicable cour....
An appeal under Section 58 of the R.E.R.A. is not a second appeal as contemplated by Section 100 C.P.C., and the order of the Appellate Tribunal is not a decree. Therefore, it does not require ad-val....
The central legal point established in the judgment is that the order passed by the Appellate Tribunal under RERA cannot be termed as a 'decree' under Section 2(2) of C.P.C., despite Section 57 of sa....
The jurisdiction for appeals under the RERA Act is determined by the location of the real estate project, necessitating that such appeals be filed in the High Court of the State where the project is ....
Court clarifies appeals from execution proceedings under Order 21 should be treated as regular appeals under Section 96, affirming established court practice and legislative intent regarding classifi....
The main legal point established in the judgment is the interpretation of the jurisdictional provisions of The Bengal, Agra and Assam Civil Courts Act, 1887, and the Code of Civil Procedure in the co....
Special appeals against tribunal decisions are barred under Section 100-A CPC, confirming that such tribunals lack the status of a court for appeal purposes.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
