Consumer Protection Act, 1986, Section 2(1)(d)Explanation -- Consumer complaint - Maintainability - Banking service - Complaint allegations is that Bank had acknowledged FDR and had accounted for interest payable thereon but instead of releasing maturity proceeds in favour of appellant, it had set up a subsequent contract of pledge of that FDR for according overdraft..........
Service -- Regularization - Ad hoc employees - Merely on the basis of short breaks in service, regularization cannot be denied to appellants, particularly when such breaks do not reflect any genuine abandonment of service or voluntary cessation of employment...........
Service -- Regularization - Ad hoc employees - Long service of appellants cannot be disregarded for regularization in lieu of artificial breaks in services and by leveling initial employment as ad hoc, particularly when appellants were consistently re-engaged, save for short breaks and continued to discharge their duties to satisfaction of appointing authorities on same..........
Civil Procedure Code, 1908, Order 5, Rule 19 -- Service of summons - Requirement to examine process server on oath arises only when returned notices have not been verified on oath...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Recourse to substituted service U.O.5.R.20 CPC is neither mandatory nor a condition precedent for treating service as valid...........
Civil Procedure Code, 1908, Order 5, Rule 17 -- Service of summons - Mentioning address of witnesses is not mandatory...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant has failed to produce any evidence to rebut presumption of proper service - He failed to discharge initial burden - There was thus, no obligation on plaintiffs to produce process server as a witness - Suit remained pending from 2008 till 2022, when ex-parte decree was passed -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint in default - Service of accused not yet effected - Complaint restored...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Non production of service report or track report - By itself not a ground to dismiss complaint at the threshold, particularly when complainant has asserted that notice was duly dispatched on correct address of accused - Question whether notice was actually served or not is essentially a..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Dispatched within the same city - Presumed to be served within three days - 15 days time begins to run from the date of presumed service - Complaint filed after expiry of statutory waiting period calculated from presumed date of service - Complaint cannot be said to be premature...........
