Court : Patna
..... )scc 230 has held:- 36. question as to whether a compromise is void or voidable under the indian contract act or any other law for the time being in force, would have, thus, to be determined by court itself. once it is held that the agreement or the compromise ..... court has come to be examined by a bench of this court in (bindeshwari pd. chaudhary vs. debendra pd. singh and ors. (air 1958 patna 618), and it has been observed as follows:- if fraud has been committed upon the party and as a result of ..... the powers of a court in cases of fraud, the honble supreme court in (indian bank vs. satyam fibers (india)pvt.ltd)air 1996 s.c.2592 has held : the judiciary in india also possesses inherent power, specially under section 151 c.p.c. to recall ..... law, in this regard has been illumined by the apex court in (j.m.d.syndicate vs. i.t. commissioner, new delhi )air 1977 sc 1348 in the following words:- the courts have power, however, in the absence of any express or implied prohibition, to pass .....
Tag this Judgment!Court : Patna
..... , the enquiry proceedings have to be held to be vitiated and not to be relied upon for passing any order of punishment. 15. lastly, there is substantial force in the submission of learned counsel for the petitioner that the documents which were not mentioned in the charge memo cannot be relied upon for holding the charges to be ..... or tribunal should make appropriate directions (include the setting aside of the order of punishment), keeping in mind the approach adopted by the constitution bench in b.karunakar, (1994 air scw 1050). the ultimate test is always the same, viz., test of prejudice or the test of fair hearing, as it may be called. 12. it may ..... , in numerous cases, it has been held that domestic tribunals, like an enquiry officer, are not bound by the technical rules about evidence contained in the indian evidence act; but it has nowhere been laid down that even substantive rules, which would form part of principles of natural justice, also can be ignored by the domestic tribunals. .....
Tag this Judgment!Court : Patna
..... any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences. 9. as may appear from sub-section (1), all offences under ..... per the code of criminal procedure, but if there is a separate provision for inquiring into or trial of such offence then that special provisions under that special act has to be followed. this becomes more clear when one considers the provisions of section 5 of the code of criminal procedure which reads as under: 5. ..... or any special form ofprocedure prescribed, by any other law for the time being in force. 10. it may appear from reading of the two provisions, i.e., sections 4 and 5 of the code of criminal procedure, that if there is a special act creating some special provisions or special form of procedure, conferring some special powers or .....
Tag this Judgment!Court : Patna
..... equitable, on the parties. sometimes they get carried away and proceed to pass orders on merits, as in this case, even though there is no consensus or settlement. such acts, instead of fostering alternative dispute resolution through the lok adalats, will drive the litigants away from the lok adalats. the lok adalats should resist their temptation to play the ..... submitted that no court or tribunal is powerless and, therefore, even if there is no provision in the legal services authority act, the permanent lok adalat can examining the point of fraud. the learned counsel next relied upon air 1994 sc 853 and submitted that guilty party is liable to be thrown at any stage if it is found that he ..... executable order under the signature and seal of the lok adalat. in view of the decisions of this court as well as the apex court, i do not find force in the submission of the learned counsel for the respondents that the permanent lok adalat constituted under section 19 of the legal services authority .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Patna
..... of the labour courts, industrial tribunals, and other authorities constituted under the i.d.act or any other corresponding law over the matters covered by that act or the corresponding law from transfer to the administrative tribunal with the coming into force of the a.t. act, which saving of jurisdiction is in section 28. in fact, in krishan pd ..... elsewhere no longer hold in view of the observation of the seven judge constitution bench of the supreme court in l. chandra kumar v. v.o.i., air 1987 sc 1125, that the tribunal is no substitute for the high court which had the constitutional jurisdiction to review the orders of the tribunal, but that tribunal ..... filed by regular government servants under the railways and the telecom departments, even though such applicants may come within the definitions of workmen under the i.d. act, the reason being that they are holders of civil posts, and there are service rules or orders or even circulars issued by the departments to back up their .....
Tag this Judgment!