Service -- Compulsory retirement - Show cause notice under the rules cannot be treated as charge memo to invoke principles of departmental proceedings and natural justice - An employee can be retired compulsorily even without such notice...........
East Punjab Urban Rent Restriction Act, 1949, Section 18A, 13A -- NRI landlord - Leave to defend - Rent petition filed for eviction of respondent from the shop of NRI landlord - Service of summons through Munadi - Application for leave to defend to be filed within 15 days from the date of service - Delay cannot be condoned - Provisions of Limitation Act are not applicable..........
East Punjab Urban Rent Restriction Act, 1949, Section 18A, 13A -- NRI landlord - Eviction petition - Leave to defend - 15 days period - Munadi effected - Tenant denying service - Munadi effected at the spot where tenant still carrying on business - Copy of summons of Munadi was affixed on door as per the report of process server - Munadi effected on 1.7.2006 for 7.8.2006 -..........
Medical negligence -- Indiscriminate prosecution of medical professionals for criminal medical negligence is counter-productive and does no service or good to the society...........
Constitution of India, 1950, Article 311 -- Departmental enquiry - Punishment - Dismissal - Petitioner an impostor and secured entry in the Govt. service by impersonation and fraudulent manner - He played fraud in connivance with his brother which is established in departmental inquiry - Petitioner not even entitled to protection under Article 311 - It is only the genuine..........
Service -- Inter se seniority - Direct recruits cannot claim appointment from date of vacancy in quota before their selection...........
Service -- Inter se seniority - State Government deciding in the light of Court's order to grant the direct recruits notional seniority without disturbing the earlier promotions as that would result in unsettling positions that were long settled - No infirmity...........
Consumer Protection Act, 1986, Section 2 -- Auction of plots on lease hold basis for 99 years - Providing amenities - There was no statutory or contractual obligation to provide amenities or it was not a term of auction - Non providing of amenities - Does not amount to deficiency in service - Complaint not maintainable...........
Consumer Protection Act, 1986, Section 2(b) -- Consumer forum - Jurisdiction - A consumer forum will have jurisdiction only when : (i) the complainant is a `consumer' as defined in clause (d) or a person specified in clause (b) of section 2 of the Act; (ii) the respondent is a `trader' as defined in clause (q) or a provider of `service' as defined in clause (o) of section..........
Consumer Protection Act, 1986, Section 2(b) -- Consumer - Complaint maintainability - Residential sites - Commercial sites - Public auction - Auction purchase - On lease hold basis for 99 years - Existing sites (as contrasted from sites to be 'formed') - The purchaser/lessee not a consumer, the owner is not a 'trader' or 'service provider' and the grievance does not relate..........
