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SUPREME COURT OF INDIA
Year of decision: 2019
Details
Industrial Disputes Act, 1947, Section 10(4), Civil Procedure Code, 1908, Order 1, Rule 10-- Industrial Dispute - Reference of dispute to Tribunal - Impleadment of parent company - Where in a subsidiary company, which is an independent corporate entity, if any other company is holding shares, that by itself is no ground to order impleadment of parent company per se...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Protection of Children from Sexual Offences Act, 2012, Section 9, 10, Indian Penal Code, 1860, Section 341-- Attempt to sexual assault by father upon his 7 years old daughter - Reduction of sentence - Victim herself appeared as PW1 and her evidence has proved, which was corroborated by evidence of PW6 and PW7 - Medical evidence also fully corroborated charge on accused - Accused held, guilty of offence,..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 11, Industrial Disputes Act, 1947, Section 10-- Reference by State to labour Court - Res judicata - Dispute in relation to reduction of age from 60 to 58 years raised by Trade Union already decided on merits between parties to lis which attained finality - No judicial forum at the instance of any party had jurisdiction to try these issues again..........
JHARKHAND HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Previous suit is a declaratory suit while subsequent suit is of recovery of possession - No such issue has been framed with previous suit regarding recovery of possession since there was no prayer to that effect in previous suit - Relief in both the suits are not..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Industrial Disputes Act, 1947, Section 10- - Reference of dispute to Tribunal - Claim of regularization of services - Dispute in question required to be adjudicated on facts and evidence - Factual controversy cannot be adjudicated in OA by Tribunal or by High Court in a writ petition - Remedy lies in applying to Central Government to make..........
SIKKIM HIGH COURT
Year of decision: 2019
Details
Protection of Children from Sexual Offences Act, 2012, Section 9(m), 10-- Aggravated sexual assault - Act of forcibly kissing and hugging minor victim, below 12 years of age in the absence of her guardian by a 27 years old male cannot but be with sexual intent, which involves physical contact although without penetration, amounts to aggravated sexual assault as defined..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Uttarakhand Zamindari Abolition and Land Reforms Act, 1960, Section 10-- Asami of land - Occupancy rights - Name of predecessor-i, interest of plaintiffs was deleted from possession over land in question on the report of Record Operation Officials, as his name was surreptitiously recorded - Statue conferred benefit on a person recorded as occupant - Predecessor-i,..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Uttarakhand Zamindari Abolition and Land Reforms Act, 1960, Section 10-- Occupancy rights - Asami of land - Entry made by Patwari in Khata Khatauni - Validity - Patwari was not authorized to enter name of any person or confer any right - Entry made by Patwari as is clear from entry itself, was not in consequent to any order passed by any competent officer - High Court..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Insolvency and Bankruptcy Code, 2016, Section 11, 10-- Application to initiate corporate insolvent resolution process - Persons not entitled to make such application - S.11 of the Act bars only a corporate debtor from initiating a petition u/s 10 of the Code, in respect of whom a liquidation order is made...........
ORISSA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Conditions must be fulfilled to attract the provision of S.10 CPC, viz. (i) Suit must be between the parties; (ii) Matter in issue in the later suit must be directly and substantially the same as in the previous suit; (iii) On the date of application, both the suits must..........

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