Service -- Recruitment - Punjab Public Service Commission - Reservation for ex-servicemen - Respondent No.4 is eligible to claim benefit under the category of `ex-servicemen' as defined in the Punjab Rules - However, appellant and respondent No.4 are competing for the same post under this category and there is no dispute that appellant was eligible under `ex-servicemen'..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - No dispute regarding identity or location of suit property - Even, there is no dispute regarding measurements of property - It is not a case of defendants that plaintiffs encroached their property - Relief sought by defendants to note down physical features is nothing but amount to..........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 10 -- Return of plaint - Jurisdiction - Contract of employment - Decision to employ taken in Mumbai, appointment letter issued from Mumbai, employment agreement dispatched from Mumbai, decision to terminate the service taken in Mumbai and letters of termination dispatched from Mumbai - Even, clause in the contract has..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner to note down physical features of property - When trial Court felt that for an accurate description of physical features of property would enable it to appreciate evidence on record, then same cannot be said amounting to collection of any evidence - Application rightly allowed...........
Civil Procedure Code, 1908, Order 26, Rule 10A -- Report of second Court Commissioner - Application for appointment of second Court Commissioner filed by defendant was allowed and opinion was given in favour of defendant - Plaintiff filed statement of objections and sought for permission to cross-examine expert - However, plaintiffs did not pay requisite Court fee to..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Dispute between parties is not only as regards possession but is also as regards extent and boundaries of their land - Defendants have no objection for appointment of Local Commissioner - Application allowed...........
Service -- Recruitment of non-teaching staff - Illegalities in selection process - As per the evidence on record, there was large-scale manipulation and tampering with results, including rank-jumping, discrepancies in marks, the issuance of appointment letters to candidates not on the panel, and appointments made beyond the panel's validity period - Further, the WBSSC..........
Service -- Recruitment of non-teaching staff - Illegalities in selection process - HC cancelled the appointment of both tainted and untainted candidates - Directions modified - Direction of HC that tainted candidates appointments must be terminated, and they are required to refund any salaries received due to the fraud involved, remains the same - Further, the service of..........
Civil Procedure Code, 1908, Order 32, Rule 3 -- Suit against minor - Minor was sued through his mother - However, no application U.O.32.R.3 CPC had been moved to appoint guardian for said minor - Even though interest of minor was not prejudiced considering the fact that he was duly represented through his natural guardian, but it was necessary to file an application for..........
Service -- Seniority - Change of cadre - At the request of employee on medical grounds - Respondent accepted the appointment after consenting to be placed before the last person in the transferred post, which position is recorded in the order dated 19.04.1989 itself - Seniority has to be with effect from 1989 only which is in consonance with recruitment Rules - Tribunal as..........
