Civil Procedure Code, 1908, Section 115 -- (as amended in State of Orissa) - Revision - Maintainability - Order allowing application u/s 5 of Limitation Act - Application for condonation of delay in filing first appeal has no independent existence bereft of appeal - It cannot be said that said order passed in limitation application was passed in any original or independent..........
Service -- Benefit of First Time Bound Promotion (TBP) - Respondent was initially appointed in 1982 in the post of Technical Assistant on work charge basis, which was altogether a different post than newly created post of Civil Engineering Assistant in which he was absorbed in the year 1989 - Department was thus, right in holding that respondent was entitled to first TBP..........
Bihar Public Works Contract Disputes Arbitration Tribunal Act, 2008, Section 13 -- Revision - Scope of interference with award of Arbitration Tribunal in revisional jurisdiction was very narrow - In absence of any perversity, High Court could not have given a different interpretation to clauses in agreement from one provided by Arbitral Tribunal...........
Consumer Protection Act, 1986, Section 21(b) -- Revision - Jurisdiction of National Commission u/s 21(b) of the Act is akin to revisional jurisdiction conferred under CPC...........
Consumer Protection Act, 1986, Section 21(b) -- Revision - Jurisdiction of National Commission - NCDRC can interfere with order of State Commission if it finds that State Commission has exercised jurisdiction not vested in it by law or has failed to exercise its jurisdiction so vested or acted in exercise of its jurisdiction illegally or with material irregularity...........
Consumer Protection Act, 1986, Section 21(b) -- Revision - Jurisdiction of National Commission - Order of NCDRC does not show that any of parameters contemplated u/s 21 of the Act were satisfied to exercise its revisional jurisdiction to set aside order passed by State Commission - Even, NCDRC has exercised jurisdiction examining the question of fact again as a Court of..........
Criminal Procedure Code, 1973, Section 389 -- Stay of conviction - Offence u/s 498-A IPC - Accused is offering reasonable compensation to his wife although valid divorce has taken place between them - Sentence awarded is of 1 year's S.I u/s 498-A IPC - Offence is of private nature and offence does not attract colour of moral turpitude nor has any bearing upon his..........
Civil Procedure Code, 1908, Order 21, Rule 31 -- Execution - Decree for recovery of gold ornaments - Wherever a decree has been passed allowing the petitioner, alternative relief of value of gold ornaments as on date of purchase, date of petition, or the date of decree, as the case may be with interest for delayed payment unless it is set aside or modified in an appeal or..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of order taking cognizance - Two competent criminal Courts have recorded concurrent findings of facts while taking cognizance against petitioner and while dismissing revision - Order taking cognizance is proper...........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 -- Eviction - Execution proceedings - In view of conduct and attitude of revision petitioners, Court has not only found that petitions are devoid of merits, but also is satisfied that revision petitioners have vexatiously filed successive applications one after another to stall execution proceedings - Moreover, fact..........
