Complaint case
VIJAY K. TEOTIA
(Querist) 13 January 2012
This query is : Resolved
can a complaint case be transferred from one district to another district on the basis of jurisdiction. cause of action is non payment of dues claimed on account of termination of service. since the registered office of the company is at one place and the complaint is filed at another place (place of residence of complainant).
the complaint was dismissed by the lower court. however the complainant filed criminal revision.
ajay sethi
(Expert) 13 January 2012
what were the grounds of dismissal of complaint?
prabhakar singh
(Expert) 13 January 2012
First response to the inquiry made by learned Sethi.
Advocate M.Bhadra
(Expert) 13 January 2012
If the petition is rejected on the ground of jurisdiction then you should file the case in proper jurisdiction where the cause of action arose.
Raj Kumar Makkad
(Expert) 14 January 2012
The suit matter do not seem of criminal nature and may the court have dismissed the alleged criminal complaint on that ground then you cannot file the same complaint at another place as res judicata shall be applicable for you.
It is better to file suit for recovery rather a criminal complaint in the given facts at the place wherein registered office of the company is situated or where you served last which is appropriate for you.
VIJAY K. TEOTIA
(Querist) 14 January 2012
In this natter we are company. The complaint was dismissed on the ground that the dispute relates to termination of service and claims arising out of it.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 14 January 2012
Yes this is recent development of case laws in criminal cases.Law is there but was not practiced.
Devajyoti Barman
(Expert) 14 January 2012
This is not a ground fro dismissal if it could proved that cause of action arises at that place also.
Anyway even if revision does not succeed, fresh case may be filed in the company jurisdiction.
Raj Kumar Makkad
(Expert) 14 January 2012
I am surprised to see the comment of barman.
Fresh case in case revision does not succeed?
I completely differ.
M/s. Y-not legal services
(Expert) 15 January 2012
yes., your matter seems like a civil dispute..
even you have to mention that dismissed on what ground..
if your case dismissed for jurisdiction mean you can represent it before the concern jurisdiction..
-tom-
Shonee Kapoor
(Expert) 15 January 2012
Rightly said, if it is dismissed for justisdiction, it can be filed afresh.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 15 January 2012
As per Company Law,
[A] JURISDICTION
U/S S. 10 of Company Act, 1956, only the jurisdiction of the District Court where the registered Office situate.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 15 January 2012
It is criminal complaint and dismissed for want of jurisdiction , file the same at proper place.
