Service -- Promotion - Qualification - Post of Head Assistant - Respondents promoted to the post only till eligible and suitable candidates are posted to these posts and that they can considered for regularization/appointment only if they attain qualification and experience prescribed for the post - Chief Justice of State vide its order prescribed qualification for..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Defendant claimed that summons not duly served to her - However, notice was sent to defendant through Nazarat and service report was returned with note that summons could not be served upon defendant as she was not found in her house - Court was..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Quantum of sentence - Accused already undergone approximately 1 year and 1 month sentence out of 2 years R.I - He is senior citizen aged about 80 years and already dismissed from service - Sentence of 2 years reduced to period already undergone by him...........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murdered man found alive - 15 years long agony of accused - Deceased/son of complainant was found alive and was in touch with complainant - Police opined that FIR is liable to be cancelled as per SIT report and report filed u/s 173 Cr.P.C - Complainant filed protest petition - However, Magistrate on basis of report of..........
Constitution of India, 1950, Article 311 -- Reinstatement of service - Exoneration from allegations in disciplinary proceedings - Petitioner claiming grant of full salary for period he remained out of service as duty period - Order of dismissal of service passed immediately upon filing of FIR - There were no criminal proceedings pending against petitioner even at time he..........
Consumer Protection Act, 1986, Section 23 -- Apartment Buyer's Agreement - Delay in handing over possession of apartment - Refund of amount - Allottees are in two categories based on allotments one where developer is granted occupational certificate and offer of possession is made and second where occupational certificate has not been granted so far - Allottees in first..........
Consumer Protection Act, 1986, Section 23 -- Apartment Buyer's Agreement - Delay in handing over possession of apartment - Refund of amount - Allottees are in two categories based on allotments one where developer is granted occupational certificate and offer of possession is made and second where occupational certificate has not been granted so far - Allottees in first..........
Service -- Power to grant extension in service - In absence of enabling powers in Service Rules, President had no inherent power to travel beyond the Service Rules - Once Service Rules have been framed, notified and adopted then state or its instrumentalities are required to follow the same - Rules are framed/notified in order to regulate - If authorities at highest level..........
Service -- Power to grant extension in service - Subsequent ratification - Once order of extension is itself beyond enabling powers, then subsequent ratification, if at all comes through, would not result in curing inherent defect...........
Service -- Power to grant extension in service - Has been provided in Service Rules but regulated - Power of extension and reappointment is not absolute - Power of extension can be exercised only in cases which fall within the scope of R.32 of Rules...........
