Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Provision of O.8.R.1. providing time for filing written statement is directory in nature - In the instant case defence struck off due to non-filing of written statement within 90 days of their service - Service of all the defendants not complete - No effective proceedings have taken place after the passing..........
Consumer Protection Act, 1986, Section 2(1)(g), Marine Insurance Act, 1963, Section 19 -- Marine insurance - Carriers liability - Compensation - Insurance cover obtained by the exporter - It envisaged goods being dispatched on c.i.f. basis - The goods sent of f.o.b. basis - Held to be a material departure which breached the duty of utmost good faith cast upon the exporter..........
Service -- Parity in pay scales - Depends upon comparative job evaluation and equation of posts - The principle 'equal pay for equal work' is not a fundamental right but a constitutional goal which is dependent on various factors such as educational qualifications, nature of the jobs, duties to be performed, responsibilities to be discharged, experience, method of..........
Service -- Parity in pay scales - Mere fact that at an earlier point of time, two posts were carrying the same pay scale does not mean that after the implementation of revision in pay scales, they should necessarily have the same revised pay scale...........
Service -- Parity in pay scales - Benefit of higher pay scale can only be claimed by establishing that holders of the subject post and holders of reference category posts, discharge duties and functions identical with, or similar to, each other and that the continuation of disparity is irrational and unjust...........
Service -- Parity in pay scales - Writ petition - Whether the posts were equivalent and whether there could be parity in pay are all matters that have to be considered by expert bodies and the remedy of the respondent was to give a representation to the concerned authority and the court cannot grant any specific scale of pay to them...........
L.P.G -- Gas connection - Transfer of LPG connection - Transfer voucher produced by the respondent - complainant before appellant - Gas cylinder not supplied on the plea that amount mentioned in the transfer voucher did not match with the amount from computer output - Finding recorded by the District Forum that non - cooperation on part of the OP No. 1 in the matter of..........
Employee's Provident Funds and Miscellaneous Provisions Scheme, 1952, Section 1(3)(a), 2(f), 7A -- Applicability of EPF Act - Employee - Hiring of service - Contract of employment - Petitioner establishment having 19 employees - Findings recorded by respondent that by including employee of firm of Chartered Accountant who was found working in the establishment of the..........
Banking service -- Cheque dishonor - Compensation - Remote damages - Premium for insurance of car paid by cheque for a sum of Rs. 1278 - Cheque dishonoured despite sufficient amount available in account of respondent - Car stolen and claim repudiated - District Forum allowing compensation of Rs. 10,000/ - which was enhanced to Rs. 45,000/ - i.e. 50% of the insured value of..........
Arbitration Act, 1940, Section 14(2), 30, 33 -- Award - Notice to parties - It is mandatory for Court to give notice of filing of award to parties - No particular mode of service of notice is prescribed - Expression 'give notice' simply means giving intimation to the parties of filing of award which need not to be in writing and can be communicated orally which amounts to..........
