Industrial Disputes Act, 1947, Section 10, Punjab Cooperative Societies Act, 1961, Section 55 -- Alternative remedy - Reference - Jurisdictional bar - Res judicata - Plea that after exhausting the remedy under Rules, 1986 there was no occasion for the respondent - workman to seek reference u/s 10 of the ID Act repelled - Held that u/s 55 of the 1961 Act no dispute..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Res judicata - Dismissal - The earlier order passed by Division Bench of the Court, while remitting the case back to the respondents observed that the petitioner was clearly guilty of misconduct and had been rightly punished - The Division Bench had not upheld the punishment awarded and had remitted the case..........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1A(3) -- Production of document - Exercise of jurisdiction - Held, Court is required to consider the relevancy of document in the background of pleading and controversy - In present case, it cannot be said that documents sought to be produced by petitioners are not relevant - Respondent will get an opportunity to..........
Succession Act, 1925, Section 276(2) -- Testator lived in Delhi and left a will in favour of his wife in respect of property at Delhi - Wife applied for probate of Will before Panchkula court - Testator had no fixed place of abode at Panchkula nor he had any property within the jurisdiction of Panchkula Court - Held, Panchkula Court had no jurisdiction...........
Civil Procedure Code, 1908, Section 148 -- Enlargement of time - Court can fix time for doing of an act - It has jurisdiction to extend the said period when a case for such extension is made out - The power to fix the time for doing an act includes power to extend such period if defaulting party makes out a case to the satisfaction of the court who has fixed time...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Pleadings in the complaint and averments in affidavit specific about place of cause of action and jurisdiction of Court - Complainant need not to examine witnesses to prove place of cause of action - Order dismissing complaint at pre-cognizance stage stating that no witness was examined..........
Punjab Panchayati Raj Act, 1994, Section 20(3) -- Suspension of Sarpanch - Petitioner ordered to be suspended from the post of Sarpanch on account of his involvement in a criminal case u/ss 307, 324, 341, 348 IPC - Held, no error committed by the authorities in suspending the petitioner in exercise of jurisdiction u/s 20(3) of the Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Applicability of S.202 of CrPC - Jurisdiction of Court - Choosing of - Held, complainant can choose any one of the court having jurisdiction over any one of the local areas in which any one of the five acts i.e. drawing of cheque, Presentation of cheque to..........
Consumer Protection Act, 1986, Section 2(1)(e) -- Consumer dispute - Plot/site - Auction purchase - Extension fee - Jurisdiction - The Consumer Forum has no jurisdiction to go into the correctness of demand of extension fee - It cannot be decided in the complaint filed by the complainant...........
Administrative Tribunals Act, 1985, Section 14, 15, 16 -- Administrative Tribunals - Jurisdiction - Tribunals under the Act possess jurisdiction and powers of every other court in the country except the jurisdiction of the Supreme Court, in respect of all service related matters - The Administrative Tribunals are conferred with the jurisdiction to hear matters where even..........
