Civil Procedure Code, 1908, Section 115 -- after amendment by Act 46 of 1999 w.e.f. 1.7.2002 - Revision petition admitted before amendment - Has to be decided as per altered mode of amended provisions since Section 6 General Clauses Act not applicable because no substantive vested right available to a party seeking revision under Section 115 - General Clauses Act, Section..........
Civil Procedure Code, 1908, Section 115 -- Essentially a source of power for High Court to supervise subordinate Courts - Does not in any way confer a right on a litigant aggrieved by any order of subordinate Court to approach High Court for relief - Scope for making a revision under Section 115 not linked with a substantive right - Section 115 a source of power of High..........
Civil Procedure Code, 1908 -- (As amended by Act of 2002) - Order 8 ,R. 1, 1(a) and 10 - Written statement - Filing of - Within 30 days after receipt of summons - The court can extend the time till 90 days but it is not divested of power to fix further time for filing the written statement - Section 148 of the Code empowers the court to enlarge the time...........
Land Acquisition Act, 1894, Section 30, 18 -- Reference Court cannot widen scope of its jurisdiction or decide matters not referred to it - Gets jurisdiction only if matter is referred to it under Section 18 or 30 by Land Acquisition Officer - Reference Court has got jurisdiction and authority only to decide objections referred to it - Reference under Section 30 for..........
Arbitration and Conciliation Act, 1996, Section 8 -- Arbitration agreement - Power to refer parties to arbitration - The suit should be in respect of `a matter' which the parties have agreed to refer and which comes within the ambit of arbitration agreement - Where a suit is commenced `as to a matter' which lies outside the arbitration agreement and is also between some of..........
Industrial Disputes Act, 1947, Section 2(oo),(bb), 25F -- Clause (bb) which has been inserted by Amending Act No. 49 of 1984 cannot be treated as retrospective so as to validate the termination of services of a workman which was otherwise illegal and void due to violation of Section 25-F or other provisions of the Act...........
Industrial Disputes Act, 1947, Section 2(s), 25F -- Workman - Daily rated worker - Held that the workman was entitled to the protection of Section 25-F of the Act and the said protection could not be denied to him on the ground that he was a daily rated worker...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, Punjab Village Common Lands (Regulation) Rules, 1964, Rule 19 -- Ejectment of lessee after expiry of lease period - Possession of lessee of Gram Panchayat after expiry of lease period - Deemed to be unauthorised and illegal in view of Rule 19 Punjab Village Common Lands (Regulation) Rules - Liable to be ejected..........
Constitution of India, 1950, Article 226 -- Amendment of writ petition - Cannot be allowed at belated stage - Amendment aimed at challenging order of ejectment and penalty passed 10 years back by Assistant Collector under Section 7 Punjab Village Common Lands (Regulation) Act - Remedy of appeal not availed and want to avoid payment of penalty - Cannot be permitted to..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 13B(1) -- Proviso as substituted by Haryana Act 9 of 1992 - Validity of - Upheld by Full Bench in Jai Singh's case 2003 (1) PLJ 429 - Land earmarked-in consolidation for any common purposes of the village in a consolidation scheme prepared under Section 14 read with Rules 5 and 7 of East Punjab Holdings..........
