Industrial Disputes Act, 1947, Section 11A -- Re-instatement with 25% back wages - Labour Court awarded reinstatement to appellant with 25% back wages, continuity of service would follow as a matter of law - Observation of High Court that Labour Court denied continuity of service erroneous - As regarding award of 25% back wages by Labour Court, as appellant was gainfully..........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Dismissal of application U.O.8.R.10 CPC - Where defendant has been permitted to join the proceedings by setting aside ex-parte order U.O.9.R.7 CPC, then it is necessary for defendant to file written statement so as to effectively defend the proceedings - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of written statement - Dismissal of application by trial Court - Eviction petition - As per record tenants have taken a categoric stand that registered sale deed in favour of landlady is a sham transaction - However, by way of amendment in written statement..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Leave to file appeal - Dismissal of complaint on the ground that complainant filed complaint before the Court not having territorial jurisdiction to entertain complaint - Delay of 100 days in refiling of complaint - Fact that appellant had not physically collected said complaint would not extend..........
Motor Vehicles Act, 1988, Section 41(1), Central Motor Vehicles Rules, 1989, Rule 48, 55, 115 -- Application for registration of transfer of ownership of vehicles - Dismissal of application on the ground that vehicles does not comply with prescribed emission standards - Plea of petitioner that circular does not prescribe for any such standard is contrary to record as..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Withdrawal of consent by husband - Consent given can be withdrawn by one of the parties before Court grants decree of divorce by mutual consent - Dismissal of petition for divorce by mutual consent, upheld...........
Rajasthan Rent Control Act, 2003, Section 21 -- Powers of Rent Tribunal - Application of Legal Representatives of original tenant for taking his affidavit on record - Dismissal of - Validity - Original tenant submitted his affidavit in defence - Factum of death of original tenant was also before Appellate Tribunal - In case LRs of tenant was allowed to file the affidavit..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Objection - Dismissal of objections - Arbitrator awarded interest on amount payable on account of delayed payment of final bill Clause in arbitration agreement reflect that arbitrator shall not award interest to parties on any of items of contract agreement executed in between parties, if arbitrator..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by husband - Dismissal of petition - Marriage denied by wife - Husband relied upon photographs and depositions of PWs in order to establish that a valid and legal marriage performed between parties as per Sikh rites and ceremonies - However, Gurudwara not affiliated to shiromani Gurudwara..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Delay - Condonation - Delay of 28 days - Ground of ill-health - Dismissal of application U.O.9.R.9 CPC bars institution of fresh suit - However, if application itself contains sufficiency of reasons for condonation of delay then there is no necessity..........
