Consumer Protection Act, 1986, Section 2(1)(f) , 2(1)(g) -- Housing - Tenements - Defects in construction - Deficiency in service - During tenancy period defects in construction brought to the notice of the petitioners - The State Commission has not passed any final order giving directions to the petitioners to rectify the defects/removes deficiency or to pay compensation..........
Service -- Ad hoc appointment - Ad hoc appointment does not count for the purpose of seniority...........
Service -- Promotion - Question of promotion arises only when appointment is a regular appointment...........
Service -- `Member of service' - To become 'a member of service' candidate must satisfy four conditions, namely (i) the appointment must be in a substantive capacity; (ii) to a post in the service i.e. in a substantive vacancy; (iii) made according to rules; (iv) within the quota prescribed for the source...........
Service -- Daily wagers - Not members of any cadre...........
Service -- Ad hoc appointment - It is always to a post but not to the cadre/service and is also not made in accordance with the provisions contained in the recruitment rules for regular appointment...........
Service -- Probation - Appointment on probation basis - Employee was required to clear Departmental Examination within two years - Employee did not appear in the exam at all - His services could be terminated as per rules, but department deliberately chose not to terminate his services - He continuously served department for 29 years - Held, though the services of employee..........
Constitution of India, 1950, Article 16, 14 -- Regularisation - Teachers appointed on contractual basis, sought regularization on the basis of their long tenure in service - Appointments made strictly for a specified period - Terms of appointment provide in unequivocal terms that the appointee would have no claim for regular appointment - Held, mere long service by itself..........
Criminal Procedure Code, 1973, Section 62, 311 - - Summoning of witnesses - Dasti - Prosecution had received dasti summons for its witnesses and notwithstanding it did not produce its witnesses - Plea that State would be able to fill in loopholes if allowed examination of witnesses after closure of arguments - Held, Chapter II Part I of the Civil Court Rules framed by the..........
Army Act, 1950, Section 191, Army Rules, 1954, Rule 13(3) -- Discharge from service - Challenge against order - Ground for discharging from service is that petitioner had failed twice in clerk`s proficiency and aptitude test and so could not be re-mustered on account of absence of any vacancy - Under R.13 of Rules competent authority is entitled to discharge petitioner who..........
