Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - In the absence of summons/affixation/munadi having been made as per procedure prescribed, it cannot be said that defendant stood duly served...........
Service -- Annual increment - Cannot be denied to employee merely because he retired on attaining age of superannuation on the very next day of earning the increment...........
Special Marriage Act, 1954, Section 25, 27 -- Annulment of marriage - Non-consummation of marriage - None of parties are willing to cohabit and there was no independent evidence of husband to show that marriage was consummated - Parties are living separately for almost 10 years and husband did not file any application for restitution of conjugal rights - More so,..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Deficiency in service - Burden of proving deficiency in service would always be upon person alleging it...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Deficiency in service - There could not be any presumption with regard to wilful fault, imperfection, shortcoming or inadequacy in quality, nature and manner of performance in service as contemplated in S.2(1)(g) of the Act - Burden of proving deficiency in service would always be upon the person alleging it...........
Service -- Pensionary/retiral benefits - Qualifying service - Services rendered as causal/contractual cannot be said to be service rendered on a substantive appointment and shall not be counted for purposes of pensionary/retiral benefits...........
Service -- Challenge to validity of community certificate - Proceedings questioning the document cannot except in most exceptional circumstances be done ex parte...........
Service -- Pensionary benefits - Right to pensionary benefit is a constitutional right and as such cannot be taken away without proper justification...........
Service -- Community certificate - In proceedings where genuineness of belonging to a community is under question, an opportunity of hearing must be given and an opportunity to cross examine witnesses must be given...........
Service -- Challenge to validity of community certificate - Burden to disprove the nature of certificate is upon respondents - In the absence of discharge of such burden of proof, Court must presume the community certificate to be genuine...........
