Showing : 191-200 of 437 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Regularization - The findings of the Trial Court given on the basis of law laid down by the Full Bench of High Court in Piara Singh's case - The right of regularization on completion of 240 days service has not been approved by the Hon'ble Supreme Court - Second appeal of the..........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 115(As- - Merger - Decision of an appeal or revision - Revisional jurisdiction - Held, a judicial order passed by trial Court merges in the order passed by appellate or revisional court - After merger, the decision arising out of original suit vanishes - Decision of appeal or revision brings into existence..........
DELHI HIGH COURT
Year of decision: 2010
Details
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34, 13, 17, 18-- Civil Court - Bar of jurisdiction - Demand notice and possession notice issued - Auction proceedings challenged - Plaintiff availed remedy of appeal and second appeal before Debt Recovery Tribunal - Jurisdiction of civil Court is barred - Suit is also barred as the security interest created by..........
THE CONSUMER DISPUTES REDRESSAL COMMISSION, UNION TERRITORY, CHANDIGARH
Year of decision: 2010
Details
Consumer Protection Act, 1986, Section 11 , 14-- Telegraph Act, Section 7B - Jurisdiction - Telecommunication Services - Complaint maintainability - There is implied bar to invoke the provision of CP Act in view of Section 7B of the Telegraph Act - The Commission has no jurisdiction to entertain and adjudicate upon the appeal - Appeal dismissed..........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque Petition u/s 482 Cr.P.C. - Bifurcated territorial jurisdiction of High Court - Order passed by a Court falling within the functionally bifurcated territorial jurisdiction of Principal seat - Order can be challenged by maintaining appeal, revision or miscellaneous petition..........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Jurisdiction - Cheque dishonoured by Bank at Jaipur - Cognizance order passed by Court falling within functionally bifurcated territorial jurisdiction of Principal Seat at Jodhpur - Revision of Misc. appeal challenging order can be passed at Principal Seat at Jodhpur and not..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 100, 103-- Second appeal - First Appellate Court should not disturb the finding of fact recorded by trial Court when two views are possible - If so reversed the same is jurisdictional error committed by the first appellate court which can be corrected by High Court while exercising its jurisdiction u/s 100..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 100, 151, Order 41, Rule 2-- Second Appeal - This court can permit to incorporate substantial questions of law in the memo of appeal by pressing into service Order 41 Rule 2 read with section 151 CPC where the impugned judgment is absolutely without jurisdiction or cannot stand legal scrutiny...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 10, Order 41, Rule 2-- Substantial questions of law - Framing of - Jurisdiction of this Court to permit the appellants to formulate substantial questions of law in the memo of appeal not taken away - It can be exercised when the facts and circumstances of the case so permits...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Haryana Urban Development Authority Act, 1977, Section 17, 50(2)-- Bar of jurisdiction - Jurisdiction of Civil Court to challenge notices or orders including resumption order passed under various sub sections of Section 17 of the Act, is barred by Section 50 (2) of the Act - The remedy to the aggrieved person is to prefer appeal as provided under Section 17(5)...........

Showing : 191-200 of 437 Results