Section 44 of The Airports Economic Regulatory Authority of India Act, 2008
No civil court shall have jurisdiction in respect of any matter which the Authority is empowered by or under this Act to determine.
Summary
- Regular civil courts are banned from handling cases related to the Authority's work.
- If the Act gives the Authority the power to determine a specific matter, a civil court has no authority to intervene or make decisions on that same matter.
Practical examples
FAQ
1. Can I take a dispute about the Authority's decisions to a regular civil court?
No, civil courts do not have jurisdiction over matters the Authority is empowered to determine.
2. Does this rule apply to all courts?
The section specifically bars civil courts. Other dedicated appellate bodies or tribunals mentioned elsewhere in the Act handle appeals.
3. Why are civil courts excluded?
They are excluded to ensure that matters empowered to the Authority are determined only by the specialized regulatory framework created by the Act.
Test yourself
Q1.Under Section 44 of The Airports Economic Regulatory Authority of India Act, 2008, which specific type of institution is barred from having jurisdiction?
Q2.Under Section 44 of The Airports Economic Regulatory Authority of India Act, 2008, what is the exact scope of the restriction placed on civil courts?
Q3.Under Section 44 of The Airports Economic Regulatory Authority of India Act, 2008, what would happen if a service provider attempts to file a suit in a civil court to change a tariff set by the Authority?
Q4.Under Section 44 of The Airports Economic Regulatory Authority of India Act, 2008, the restriction applies to matters empowered by or under what?