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Steel Authority of India Ltd. Vs. Gujarat Mazdoor Panchayat and anr.

Court : Gujarat

Reported in : (2004)1GLR729; (2004)IILLJ970Guj

..... adopt while examining validity of the award of the industrial tribunal, such as (a) the entire purpose of the industrial adjudication of industrial dispute is industrial peace and harmony, (b) the tribunal has wider powers than the ordinary civil court, (c) court's approach should be to uphold the tribunals' awards as far as possible and not to upset it by searching some loopholes here and there or on some ordinary lapses or technical errors, (d) industrial ..... the fact that the workmen concerned were working in the stockyard since years is of little importance inasmuch as workmen were continued in service in view of directions issued by the high court in special civil application nos.8007 of 1990 & 8167 of 1990 wherein prayers for abolition of labour contract system and referring the matter to the advisory body constituted under the act for opinion are made and, therefore ..... the tribunal because nothing prevented the writ petitioner from producing these materials before the tribunal and power to remand available under the provisions of order xli, rule 25 of the code of civil procedure, 1908 should be exercised sparingly and not for the purpose of fresh adjudication or to enable the writ petitioner to fill up gap in evidence. ..... high court to constitute itself into an appellate court over tribunals constituted under special legislations to resolve disputes of a kind qualitatively different from ordinary civil disputes and to readjudicate upon questions of fact decided by those tribunals. .....

Suryaprasad Dinbandhu Vyas Vs. Ahmedabad Dhobi Panch Trust

Court : Gujarat

Reported in : (2003)4GLR728

..... 337/99 pending in this court, this court comes to a conclusion that, the petitioner/original defendant is a tenant of the whole suit property and that, the ld city civil court, also passes decree in favour of the present respondent/ original plaintiffs, there will be conflicting decisions which would be against the principle of natural justice as held in various decisions of the apex court and this ..... small causes court is having the special jurisdiction in the rent act, whereas, for the rest of the prayers, the city civil court, has jurisdiction to hear and try the suit. mr. ..... therefore, i have no option but to dismiss this civil revision application with a direction to the ld trial court judge, (shri ..... am of the opinion that the advocate for the appellant/original defendant in the city civil court should have insisted before the ld. ..... the suit filed in the city civil court, is filed on the ground that, the petitioner is not the tenant of the suit premises as stated in the suit and that, he has trespassed on such a premises or land for which, small causes court, has no jurisdiction ..... 5388 of 1985, filed in the city civil court, was stayed till hrp suit no ..... 5388 of 1985, before the city civil court, ahmedabad for recovery of possession of the premises, which, according to the original plaintiffs (present respondents) was trespassed by the applicant (original defendant ..... of 1999 pending in this court, is disposed of, by this court, the civil suit pending in city civil court bearing no. .....

Dabhi Nilesh Pethabhai Vs. State of Gujarat

Court : Gujarat

Reported in : (2003)4GLR292

..... clauses, may apply for a review of judgment to the court which passed the decree or made the order, and the court may make such order thereon as it thinks fit' 10. it is well settled law that provisions of civil procedure code would not apply to the writ petition filed under article 226 of the constitution of india ..... . the aforesaid provisions of review under section 114 of code of civil procedure applies only in a case of decree or order or decision and reference from a court of small causes ..... i would like to reproduce provisions of review under section 114 of code of civil procedure, which reads as under :-114. ..... civil application under section 114 of civil procedure code for reviewing order dated 14.8.2002 passed by this court in special civil application no. ..... . in that view of the matter, i am of the considered opinion that no case is made out for reviewing or recalling my earlier order dated 14.8.2002 dismissing the special civil application no ..... . special civil application no ..... special civil application no. ..... special civil application no. .....

Legal Heirs and Representative of Decd. Vs. State Bank of India

Court : Gujarat

Reported in : (2005)3GLR2590

..... it is true that court has no inherent powers to add legal representative and court cannot invoke its inherent power under section 151 of the code of civil procedure for purpose of impleading the legal representatives of the deceased appellant if the appeal had abated for want of steps for bringing heirs and legal representatives of the deceased appellant not taken in time ..... khan, air 1984 karnataka 234 in view of rule 39 of the writ proceedings rules as framed by the karnataka high court making the provisions of code of civil procedure applicable to writ proceedings and writ appeals, it was held that the provisions of the code were applicable to writ proceedings and writ appeals.9. ..... ' so, though the supreme court by necessary implication negatived the attraction of the provisions of order 47 of the civil procedure code to the writ jurisdiction of the high court, it firmly established the existence of such powers, but they clarified that such inherent powers could be involved 'to prevent miscarriage of justice or to correct grave and ..... so, strictly speaking, considering explanation of section 141 of the code of civil procedure, the provisions of code of civil procedure are not applicable to writ proceedings under art.226/227 of the constitution of india and proceedings of letters patent appeals but according to apex court, such provisions of code of civil procedure can be taken into account as a guide and to adopt such reasonable procedure while considering such an application .....

Solanki Rameshbhai Virabhai Vs. State of Gujarat

Court : Gujarat

Reported in : (2001)3GLR2248; (2002)IVLLJ466Guj

..... when the appointments of the petitioners are irregular and in case the order of termination of their services is set aside on the ground that the provisions of rule 33(1)(b) of the bombay civil service rules has not been followed, then it will result in revival of or restoration of the irregular appointment order and this will be resulted to continue those illegal appointees. ..... this court can legitimately decline to interfere with the order of termination of services of the petitioners though it may be made in violation of the provisions of rule 33(1)(b) of the bombay civil service rules or section 25f of the industrial disputes act where quashing of the same will result in revival of irregular appointment. ..... lastly, it is contended that the termination of the services of the petitioners is bad as the provisions of rule 33(1)(b) of the bombay civil service rules, 1959, have not been followed, meaning thereby, the petitioners were not given one month's notice or one month's pay in lieu of notice. ..... be that as it may, as the respondents have admitted that the services of the petitioners in these two special civil applications have not been terminated, i am not dismissing these petitions on this ground and considering the matter on merits.9. ..... the last contention raised that the termination of services of the petitioners has been made without any notice or notice pay as required under rule 33(1)(b) of the bombay civil service rules, is also devoid of merits and substance. .....

Mewar Textile Mills Ltd. Vs. Girdharisingh and ors.

Court : Rajasthan

Reported in : AIR1957Raj115

..... be the result, for, the appeal under section 17 would be heard by the district court and any order of a district court would be revisable by the high court under section 115 of the civil procedure code in appropriate cases.that, however, is no reason for us to say that any order of the authority under section 15 would also be revisable by the high court. ..... lays down that every authority appointed under section 15 shall have all the powers of a civil court under the code of civil procedure and every such authority shall be deemed to be a civil court for all the purposes of section 195 of chapter xxxv of the code of criminal ..... the person to be appointed as such authority is that he has to be either any commissioner for workmen's compensation or other officer with experience as a judge of a civil court or as a stipendiary magistrate.under section 20 of the workmen's compensation act, any person can be appointed as a commissioner for workmen's compensation. ..... , and perhaps the most important, which led the judges of the lahore high court to the conclusion that the authority was a civil court, was that under section 17 of the act, an appeal was provided to the district court. ..... came for hearing before a learned single judge of this court, a preliminary objection was taken that no revision lay under section 115 of the civil procedure code as the authority under the payment of wages act was not a civil court subordinate to the high court within the meaning of section 115, c. p. c. .....

M. Ponnupandian Vs. Selvabakiyam and ors.

Court : Chennai

Reported in : AIR2004Mad272; 2003(4)CTC225

..... 'rule 105(4) reads:'the provisions of section 5 of the indian limitation act, 1908, shall apply to applications under sub-rule (1)'this court made the following amendment to order 21, rule 105(4) of code of civil procedure code, 1908 dated 1.11.1972:'in the code of civil procedure, 1908, in order 21, - (i) delete sub-rule (4) of rule 105; (ii) insert the following proviso to sub-rule (3) of rule 105: 'provided that an application may be admitted after the said period of ..... learned counsel also brought to the notice of this court the amendment of this court by inserting the proviso to rule 105 of order 21 of civil procedure code enabling the court to condone the delay notwithstanding the bar under section 5 of the limitation act which is subsequent to the limitation act ..... in this regard, the learned counsel for the revision petitioner also contended that since the civil procedure code was introduced in the year 1908, it did not enable the application of section 5 of the ..... the learned counsel for the respondent also argued that as per section 97 of civil procedure code (amendment) act (104 of 1976) on any amendment act on any amendment made or provision inserted in ..... therefore, after 1st january, 1964 sub-rule (4) of rule 105 of order 21, civil procedure code could no longer be applied, because of the express language of section 5 of the ..... 214 has held at page 215:'with reference to applications under order 21, civil procedure code there is the statutory bar in applying section 5 of the .....

Prabhunath Sahu @ Prabhunath Sah Vs. Nagina Singh and ors.

Court : Patna

..... 1 (applicant) filed a petition under order xli rule 5 of the code of civil procedure on 20-5-2004 for stay of the execution case and on that date itself i.e. ..... these two civil revisions are between the same parties and arise out of the same proceeding and as such they were heard together and are being disposed of by this common order.2. ..... in the case facts and circumstances, civil revision no. ..... 2 of 1987 which is under challenge in civil revision no. ..... 748 of 2004 is absolutely illegal and without jurisdiction and the same is accordingly set aside and civil revision no. ..... in the aforesaid circumstances, the order of the learned lower court dated 18-5-2004 challenged in civil revision no. ..... 1 of 2002 which is challenged in civil revision no. ..... ) and in that case when notices either by ordinary process or by registered post could not be served upon the defendants judgment-debtors substituted service of notice had to be resorted to by way of publication under order v rule 20 of the code of civil procedure. .....

Harindar Prasad Sahani Vs. Chanchal Ghose and ors.

Court : Guwahati

..... the order impugned an the present civil revision is one passed by the learned trial court rejecting the application under section 152 of the c.p.c. ..... was decreed or the appeal was allowed without specifying the reliefs to which the successful party was entitled to amounts to failure on the part of the court to discharge its obligation cast by the provisions of the code of civil procedure, it observed. .....

Kariman Prajapati @ Kariman Kumhar Vs. Chhaichhu Mahto @ Chhachhu Math ...

Court : Patna

..... in the aforesaid circumstances, the impugned order of the learned court below is set aside and this civil revision is allowed. ..... this civil revision arises out of title suit no. .....