Bihar Re-Organization Act, 2000, Section 89,62, Civil Procedure Code, 1908, Section 20 -- Re-organisation of Jharkhand - Pending proceedings - Transfer of - Declaratory suit for reinstatement decreed - Plaintiffs workmen in Power Plant situated in area falling in State of Jharkhand after re-organisation - On appointed date appeal against decree pending in Court in Bihar -..........
Civil Procedure Code, 1908, Section 9 -- Civil court - Jurisdiction - Dismissal from service - Declaratory suit for reinstatement in service filed by workmen - Maintainability of - Held, suit seeking reinstatement clearly barred and not maintainable - Respondents can raise an industrial dispute concerning their dismissal from service under provision of Industrial Dispute..........
Criminal Procedure Code, 1973, Section 401 -- Revisional jurisdiction - Ordinarily a private party does not have the right to invoke the revisional jurisdiction of the Court, but in exceptional cases, it does have the right to do so. Under Section 401 Cr.P.C, the revisional jurisdiction can be invoked by the High Court suo motu or upon coming to know about the grave..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Complaint filed at Chandigarh, although cause of action had arisen at Jallandhar - Legal notice for demand of payment had been issued from Chandigarh - Held, Courts at Chandigarh do not have jurisdiction to try the complaint - Besides..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), Constitution of India, 1950, Article 226 -- Question of fact - Writ jurisdiction - The fact as to whether the account of the petitioner's factory had become a no, performing asset or not - Held, is a question of fact which cannot be adjudicated in a writ..........
Criminal Procedure Code, 1973, Section 482 -- Power of quashing a criminal proceeding should be exercised very sparingly and with circumspection and that too in the rarest of rare cases for the Court would not be justified in embarking upon an inquiry as to the reliability or genuineness or otherwise of the allegations made in the First Information Report or in the..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13, Constitution of India, 1950, Article 226 -- Credit facility - Non-performing asset - Writ jurisdiction - Whether the stand taken by a secured creditor within the meaning of the said Act that the credit facility granted by it to a borrower has become a no,..........
Criminal Procedure Code, 1973, Section 146 -- Attachment of property - Power of attachment is exercisable only after making an order u/s 145(1) Cr.P.C. - Such pre condition is mandatory - Non compliance of the mandatory provision would render an order of attachment illegal, being in excess of jurisdiction...........
Criminal Procedure Code, 1973, Section 145(1), 146 -- Attachment of property - Pre-condition of order u/s 145(1) Cr.P.C. is mandatory - Impugned order nowhere records any ground of satisfaction that there exists a dispute which is likely to cause breach of peace concerning any land or water or the boundaries thereof - Order most cryptic and hardly fulfills the statutory..........
Registration of Births and Deaths Act, 1969, Section 7(2) -- Registration of death and issuance of death certificate - Death occurred outside the territorial jurisdiction of Panchayat - Held, even where death occurs outside territorial jurisdiction of Panchayat, it can be registered by Panchayat under the Act...........
