HIGH COURT OF DELHI AT NEW DELHI
% Decided on: 21.02.2018
+ LPA 95/2017, C.M. No. 4694/2017 & C.M. No. 10740/2017
BAIDYANATH ... those covered under sub-section
(d), a writ petition is not maintainable.
LPA 95/2017 Page 2
5. The said decision was carried in appeal
this Court is, whether u/s
54A of the LA Act, LPA is maintainable and whether section 100A of CPC will be
applicable ... that
angle it will immediately become apparent that the LPA in question was not
maintainable because if it is held to be maintainable then
that case, no such certificate of fitness was
obtained, LPA was held not maintainable.
10. It is no doubt true that the Division Bench ... preliminary objection raised on behalf of the respondent
and held that LPA was maintainable.
13. We may, however, state that after Hiragar Dayagar
Court, by judgment dated 24.08.1998, dismissed the said LPA No.100 of 1991 as not maintainable.
3(b) The said Sathappan preferred appeal before ... Supreme Court allowed the Civil Appeal holding that LPA is maintainable and remanded the matter back to this Court. By judgment dated 13.03.2006, the Division
LPA-1796-2018 - 2 -
at all maintainable and thus, the present LPA arising out the
said order would also not be maintainable.
We cannot restrain ... maintainable and we see no infirmity in the view taken by the
learned single Judge in dismissing the same. Appeal is not
maintainable
plaintiff
argued that the suit of the plaintiff is well maintainable. Vide
LPA No. 230/2010, Hon'ble High Court of Delhi had only ... Writ Petition
No.3378/2007 and in LPA No. 230/2010, the present suit is
not maintainable. Therefore, issue no. (2) is
accordingly decided against
Pending final hearing and disposal of
Page 3 of 23
C/LPA/383/2018 CAV ORDER
the petition, the Hon'ble Court be pleased ... further submitted
Page 4 of 23
C/LPA/383/2018 CAV ORDER
that the petition is not maintainable after the
publication of final voters
maintainable by the NIPER, but the writ petition filed by petitioner No.2, i.e.
Director of the Institute, is maintainable mainly on the ground ... maintainable and the
same stands dismissed.
(SHEKHER DHAWAN)
JUDGE
September 12, 2018.
som
Whether speaking/reasoned? : Yes
Whether reportable? : Yes
For Subsequent orders see LPA
quash the impugned order
passed by the Tribunal, the Special Appeal was
maintainable. The judgment arising out of the orders
passed by the Assistant Commissioner ... entry tax.
Therefore, the order of the High Court that LPA was
not maintainable was erroneous and not justified;
same, therefore, set aside
Tribunal for the first time in
the LPA, the appeal could not be said to be
maintainable, if the proceedings before the
learned Single Judge ... decision,
Page 3 of 6
C/LPA/405/2014 ORDER
the present Letters Patent Appeal is not
maintainable. Hence, the present Letters Patent
Appeal stands
