Punjab State Electricity Board Employees (Revised pay scales) Regulation, 1988 (as adopted by BBMB) -- Time bound promotional/devised promotional scale on completion of 9 years and 16 years of service - Stepping up of pay - Claim for - By 'B' on the ground that 'S' the junior drawing more pay - 'B' was initially appointed as a Chargeman Miscellaneous on 22.7.1974 and was..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Admission - Notice as to termination of tenancy as tenancy came to an end by efflux of time - In written statement defendant disputed fact of expiry of tenancy by efflux of time and disputed that there has been a determination of tenancy - However, receipt of notice admitted - Held, Court can pass a judgment on the basis of..........
Education -- Brochure - Admission - P.G. Diploma in Nutrition and Dietetics - Eligibility - Cancellation of admission - Ineligible candidate - Required qualification for admission that candidate should possess Bachelor degree of the respondent University or equivalent thereto with 50% marks in aggregate - Petitioner had no degree at the time of her admission to the course..........
Rajasthan Rent Control Act, 2001, Section 9 -- Eviction of tenant - Bona fide necessity - Lack of pleading - Plea that there was no pleading for bona fide necessity in petition - Plea of bona fide necessity only in relief clause - Tenant specifically took stand that landlady is residing in Government allotted residence and her sons are in service and that she has no bona..........
Specific Relief Act, 1963, Section 34 -- Declaratory suit - Two sale deeds - Sale deed prior in time prevails - At the time of execution of second sale deed vendor had already divested herself of title to the suit properties - Person purchasing property through subsequent sale deed gets no title - Suit rightly dismissed...........
Service -- Regularization - Illegality or irregularity in appointment - Where the due process of appointment was deviated from, Court can regularize the employee - However when process of appointment itself was completely violative of the constitutional scheme underlying public employment and no procedure was followed while granting such appointment, Court cannot allow..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Reduction in sentence - Conviction u/ss 363, 366 & 376 IPC - Accused sentenced to 7 years RI - Accused was 20 years old at the time of occurrence - Sentence reduced to already undergone...........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Car - Manufacturing defect - Compensation - There is no material on record to establish that the vehicle suffered any manufacturing defences - Simply because the vehicle had to be brought to Service Station 8 - 10 times it cannot be said it had manufacturing defect - Held that necessity for taking the vehicle to..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance claim - Repudiation - On the ground that the truck at the time of catching fire was plying without complying with the provisions of Motor Vehicles Rules - Held that apart from stray crackers there is nothing to suggest that goods were dangerous to public - The goods carried by the transporter were not hazardous or..........
Indian Penal Code, 1860, Section 302 -- Nature of offence - Trial Court convicted accused u/s 307 IPC and High Court converted the conviction to one u/s 302 IPC - Injuries caused from a very close range as tattooing was present - Medical opinion that some of the injuries were grievous and were fatal to life and all the injuries were sufficient to cause death as they were..........
