Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Industrial dispute - Held, civil Court may have a limited jurisdiction in service matters but it cannot be said to have no jurisdiction at all to entertain a suit - It is trite law that where right is claimed by plaintiff in terms of common law or under a statute other than one which is created a new..........
Civil Procedure Code, 1908, Section 10 -- Provision of S.10 of the Code is not applicable where the suits are pending in different forums other than the Civil Court or where one of the suit is pending before a different forum may be a Court otherwise or having the trappings of the Court e.g. proceedings pending in different forum such as District Consumer Redressal Forum,..........
Constitution of India, 1950, Article 226 -- Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973, S.4 & 5 - Allotment of industrial plot - Cancellation of - Eviction proceedings - Validity - Allotment of petitioner was cancelled way back on 07.01.2003 - Petitioner did not challenge that order before any forum - Said order have attained finality - Held, no..........
Negotiable Instruments Act, 1881, Section 138, 141, Sick Industrial Companies (Special Provisions) Act, 1985, Section 22, 22A -- Dishonour of cheque - Offence by company - Marking of reference to BIFR u/s 15(1) of 1986, Act - Not a ground to discharge accused - As per S.22 of 1986, Act, there is no bar to institute complaint against company u/s 138 of 1881 Act - When no..........
Industrial Disputes Act, 1947, Section 25F -- Provision of S.25 - F of the Industrial Disputes Act is applicable to a daily rated worker...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Amputation of left leg below knee and right foot suffering 86% permanent disability - Claimant aged 30 years and was an industrial working and earning Rs.1,500/- p.m. - Compensation assessed : (i) As claimant suffered 86% permanent disability, the future earning may be computed at 14% less and accordingly..........
Industrial Disputes Act, 1947, Section 11(9), 11(10), 7 -..........
Electricity Act, 2003, Section 47, 61, 86, 181 -- Quantum of security consumption - Regn.15 of 2007 Regulations supply Industrial consumer will maintain as security with License an amount equivalent to consumption charge (i.e. fixed and variable charges as applicable) for two and a half months where bimonthly billing is applicable and one and a half months in case of..........
Sick Industrial Companies (Special Provisions) Act, 1985, Section 22, 22A, 32 -- Pre and post sanctioning of the scheme by the BIFR - Held, both are equally material stages where provisions of S.22 and 22A r/w S.32 of the Act of 1985 would come into play - Such an approach would also be acceptable as otherwise the entire scheme under Chapter III of the Act of 1985 would..........
Sick Industrial Companies (Special Provisions) Act, 1985, Section 22(3) -- Powers of BIFR u/s 22(3) - Held, powers can be segregated under two different heads - Firstly, power to suspend simplicitor the operation of all or any of the contracts, assurances of property, agreements, settlements, awards, standing orders or any other instrument in force, to which the sick..........
