1[68Q. Bar of jurisdiction.– No order passed or declaration made under this Chapter shall be appealable except as provided therein and no civil court shall have jurisdiction in respect of any matter which the Appellate Tribunal or any competent authority is empowered by or under this Chapter to determine, and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Chapter.]
1. Ins. by Act 2 of 1989, s. 19 (w.e.f. 29-5-1989)
Simplified Explanation
Section 68Q establishes jurisdictional limitations regarding actions taken under this Chapter, particularly focusing on the appeal process and the role of civil courts.
Key Provisions of Section 68Q:
- Limited Appealability:
- Orders or declarations made under this Chapter are not appealable except in the manner specified within this Chapter. This means that any decision made by the competent authority or related body can only be appealed according to the specific provisions laid out in this Chapter, preventing general appeal processes outside those provisions.
- Exclusion of Civil Court Jurisdiction:
- Civil courts do not have the jurisdiction to address matters related to actions that the Appellate Tribunal or any competent authority is empowered to determine under this Chapter. This is a restriction on the powers of civil courts in cases involving the forfeiture of illegally acquired property or related proceedings.
- No Injunctions by Courts or Authorities:
- Courts or other authorities cannot grant any injunction in relation to any actions taken or intended to be taken under the powers conferred by this Chapter. This means that no external authority or court can interfere with the proceedings related to property forfeiture or related actions by issuing an injunction.
Implications of Section 68Q:
- For Affected Persons:
- A person involved in proceedings under this Chapter must follow the appeal process as outlined, with no ability to take the matter to a civil court. This limits their options for challenging decisions made by competent authorities or the Appellate Tribunal.
- Additionally, they cannot seek an injunction from a court to stop actions taken under this Chapter (such as property forfeiture).
- For Legal Professionals:
- Lawyers should advise clients that appeals from decisions made under this Chapter can only occur through the channels established in the Chapter, primarily through the Appellate Tribunal.
- They must also be aware that civil courts cannot be approached for relief in matters concerning forfeiture or related proceedings, limiting judicial intervention.
- For Authorities and Courts:
- Authorities involved in the proceedings under this Chapter are protected from interference by civil courts or other authorities through injunctions. This ensures that the process for dealing with illegally acquired property remains streamlined and not subject to external delays or complications.
Example:
If a competent authority issues a forfeiture order for illegally acquired property, and the affected party attempts to seek an injunction from a civil court to stop the forfeiture, Section 68Q bars the court from granting such relief. The individual would need to appeal the decision through the Appellate Tribunal rather than resorting to a civil court.
Section 68Q serves to limit judicial interference and ensures that matters related to the forfeiture of property under this Chapter are handled through the specific legal channels and authorities designated for such proceedings.
