Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NIDHI GUPTA, J.
Mahesh Kumar – Appellant
Versus
Sub Divisional Officer & Anr. – Respondents
RSA No. 4181 of 2016
Decided On : 30-07-2025
| Table of Content |
|---|
| 1. plaintiff's appeal involves a reversal of lower court's decision. (Para 1) |
| 2. jurisdiction of civil court determined by prior judgment. (Para 2) |
| 3. appeal allowed; suit dismissed due to jurisdiction issues. (Para 3) |
| 4. previous judgments do not constitute res judicata. (Para 4) |
| 5. pending applications are disposed of. (Para 5) |
(ORAL)
NIDHI GUPTA. , J
1. The appellant/plaintiff has filed the present appeal against judgment and decree dated 02.09.2015 whereby lower appellate Court has reversed the findings of learned Trial Court.
2. At the very outset, learned counsel for the appellant submits that the question of law involved in the present appeal as to whether jurisdiction of the Civil Court is barred in view of Section 145 of the Electricity Act, 2003, has since been decided by the Hon’ble Division Bench of this Court in RSA-4181- 2016, titled as ‘Mahesh Kumarvs. Sub Divisional Officer and Another’ vide judgment dated 14.05.2025.
3. In view of the above, the present second appeal is allowed, and the suit filed by the respondent-plaintiff stands dismissed on the ground of jurisdiction. However, the respondent-plaintiff is at liberty to take recourse to the appropriate remedy as available, in accordance with law.
4. It is made clear that any evidence recorded/observations made in the impugned judgments and decrees would not operate as res judicata in any subsequent proceedings initiated by the respondent-plaintiff.
5. Pending application(s), if any, shall stands disposed of.
Civil Court jurisdiction is barred under Section 145 of the Electricity Act, as established by prior ruling.
The jurisdiction of Civil Courts is barred under Section 145 of the Electricity Act, 2003, necessitating consumers to seek writ remedies for challenging orders.
Civil Courts lack jurisdiction under Section 145 of the Electricity Act, 2003, with consumers having alternative remedies available, including writ petitions for challenging orders.
The main legal point established in the judgment is that the jurisdiction of the Civil Court is expressly barred under Sec. 145 of the Electricity Act, 2003, from granting any injunction in respect o....
The violation of statutory provisions and principles of natural justice allows for the challenge before the Civil Court, despite the jurisdiction bar under Section 145 of the Act.
Civil Courts lack jurisdiction over matters assessed by an assessing officer under the Electricity Act, 2003, as per Section 145.
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
