Consumer Protection Act, 1986, Section 2(1)(g), 2(1)(r), 14(1)(d) -- Unfair trade practice - Compensation - Teak Wood was given for preparing reception and medicine counter by appellant to the respondents - A lot of Teak Wood misappropriated by OPs and inferior quality wood used instead - Considering the fact that some quantity of wood is normally wasted while making of..........
Court Fees Act, 1870, Section 7(iv)(c), Civil Procedure Code, 1908, Order 7, Rule 11 -- Court fee - Suit for declaration that sale deed executed by defendant No.1 in favour of defendant No.2 is invalid - Held, if non executant of the sale deed under challenge is in possession of the property and sues for declaration that the sale deed is null and void, such plaintiff has..........
Civil Procedure Code, 1908, Order 7, Rule 11(c) -- Deficiency in Court fee - Plaintiff moved application with the plaint for seeking time to pay Court fee - Trial Court passed order requiring plaintiff to make good the Court fee on the next date fixed - Plaintiff complied with the order and paid Court fee - Held, there was due compliance of O.7.R.11(c) of CPC - Thus no..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Provisional rent - Rate of rent - Provisional rent assessed at the rate of Rs.750/- p.m. - Except an affidavit no other document to show that rent was Rs.750/- p.m. - Order of assessment of provisional rent modified and tenant held liable to pay rent at the rate of Rs.300/- p.m. - Question as to rate of rent left..........
Insurance claim -- Repudiation - Malicious act - Simultaneous opening of the outlet valves of the four storage tanks and the main valve was found open and second end of the flexible pipe used for filling the oil tankers connected to the main valve was placed inside the drain and the oil tanks was drained in nearby nallah - Loss to the insured property was directly caused..........
Punjab Civil Services Rules -- Abolition of post - Absorption - Pay protection - Petitioner on abolition of post of Octroi Moharir which was in the pay scale of Rs. 5000 - 7850 absorbed as Gram Secretary in the pay scale of Rs. 3050 - 4590 with pay protection - Petitioner was drawing basic pay of Rs. 5000/ - in the pay scale of Rs. 5000 - 7850 his pay erroneously fixed at..........
Constitution of India, 1950, Article 14, 16, 226 -- Promotion - Retrospective promotion - No work no pay - For no fault of the petitioner promotion was not given to him and junior to him promoted - Subsequent promotion after 10 years from the date junior was promoted with clause in promotion order that the petitioner will not entitled to claim any arrears of pay from the..........
Service -- Pay scale - Administrative Tribunal directed the Chief Engineer, Public Works (Roads) Directorate to decide the dispute with regard to pay scale of respondent - Administrative Tribunals have no jurisdiction to delegate such power - Order void ab initio - Decision of Chief Engineer cannot be given effect to...........
Service -- Pay scale - Court should avoid giving a declaration granting a particular scale of pay - Equation of posts and equation of salaries is a matter which is best left to an expert body - Fixation of pay and determination of parity in duties and responsibilities is a complex matter which is for the executive to discharge - Even the recommendations of the Pay..........
Service -- Pay scale - Judicial review - Constitutional courts clothed with power of judicial review have jurisdiction and the aggrieved employees have remedy only if they are unjustly treated by arbitrary State action or inaction while fixing the pay scale for a given post...........
