Consumer Protection Act, 1986, Section 21(b) -- Revisional jurisdiction - New plea - Original certificate with wrong date of birth issued in 1985 - Reliance being placed on a report of 1995 - This was not taken in the written statement and was an after thought - Petitioner cannot be allowed to plead a new fact which was not taken before Fora below...........
Companies Act, 1956, Section 630 -- Company allotted residential premises to its Managing Director - Death of Managing Director - Daughter of deceased M.D. continued to remain in possession of premises and refused to surrender possession back to the company - Held, company is within its legitimate rights and jurisdiction to preserve its property - If the legal..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Scope - Drastically curtailed after amendment in 1976 - High Court has jurisdiction to interfere only in a case where substantial question of law is involved and those questions are clearly formulated in the memorandum of appeal - At the time of admission of second appeal, it is the bounden duty and obligation of..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Barred under a statute - Even then civil Court has jurisdiction when the statutory authority or Tribunal acts without jurisdiction...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Civil courts can try all suits, unless bared by statute, either expressly or by necessary implication...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Civil court, a court of plenary jurisdiction has the jurisdiction to determine its jurisdiction upon considering the averments made in the plaint - However, plaintiff cannot circumvent the provisions of law in order to invest jurisdiction on the civil court although it otherwise may not possess...........
Civil Procedure Code, 1908, Section 9 -- Dispute between employer and employee - Jurisdiction of civil Court - Dispute may be in relation to or arising out of a fundamental right of the employee, or his right under a Parliamentary Act and the Regulations framed thereunder, and/or a right arising under the provisions of the Industrial Disputes Act or the sister laws and may..........
Civil Procedure Code, 1908, Section 9 -- Dispute between employer and employee - Jurisdiction of civil Court - Civil Court has jurisdiction when employee enforces his rights under a statutory Regulation - If, however, he claims his right and corresponding obligations only in terms of the provisions of the Industrial Disputes Act or the sister laws so called, the civil..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Exercise of power u/s 482 Cr.P.C - Three circumstances under which inherent jurisdiction is to be exercised are : (i) to give effect to an order under the Code, (ii) to prevent abuse of the process of court and (iii) to otherwise secure the ends of justice - No inflexible rule can be laid down which can govern..........
Criminal Procedure Code, 1973, Section 200, 203 -- Recall of summoning order - Court has jurisdiction to recall order of cognizance on the application filed by accused who appears after service of summons...........
