Civil Procedure – Summons – Order 5 Rule 9(5) CPC – Summons sent by registered post returned with postal endorsement 'refusal' – Due service presumed – When a notice is sent by registered post and is returned with endorsements like 'refused' or 'not available in the house', due service is presumed – Defendant cannot seek setting aside of ...
Service Law – Compassionate Appointment – Respondent's application for compassionate appointment delayed by the appellants – Respondent crossed the age of 50 years, making employment impractical – High Court awarded Rs.10 lakhs compensation – Supreme Court modified to Rs.5 lakhs due to delay caused by appellants [Paras 6-11].
Compensation for Delay – The ...
Service Law – Retrospective Seniority – The High Court erroneously granted retrospective seniority to the respondent from 20.11.1985, a date when he was not borne in service – Respondent entered service only on 10.2.1996 following Supreme Court's direction – Jurisprudence in service law advises that retrospective seniority cannot be claimed from a date when an employee ...
Consumer Protection – Deficiency in Service – Promised amenities not provided – Appellant failed to complete essential services in residential complex – National Commission partly allowed complaint, directed appellant to make systems operational – Appellant's appeal dismissed, and order modified for compensation payment instead of completing facilities [Paras 1-41...
Consumer Protection – Deficiency in Service – Insurance claim related to fire damage – Appellant claimed significant loss from fire – Insurance company's surveyor assessed lower loss – Appellant contested assessment – National Commission limited compensation to surveyor’s assessment – Supreme Court upheld National Commission's decision &ndash...
Eviction – Unauthorized Subletting and Construction – Show cause notices issued to respondents for unauthorized subletting and construction – Orders of eviction passed and upheld by Additional District Judge – High Court allowed writ petitions challenging eviction – Supreme Court restored eviction orders – Unauthorized partnership and subletting violated license...
Education Law – Regulation of Service Conditions – State of UP amended Regulation 101 to mandate outsourcing for non-teaching Class IV staff in aided institutions – High Court found amendment unconstitutional for violating Article 14 – Supreme Court upheld validity of the regulation – Policy decisions concerning economic efficiency and financial constraints are within...
Judicial Interpretation – Rewriting Statutory Provisions – High Court's interim order modifying Rule 29(4) of the Copyright Rules – High Court substituted statutory requirement of prior notice with post facto reporting within fifteen days – Supreme Court held that judicial re-drafting of legislation or delegated legislation is impermissible – Interim order set asi...
Voluntary Retirement – Resignation and Acceptance – Employee's resignation under MVRS accepted on 28.05.2003 – Postponement of cut-off date for administrative reasons – Employee's subsequent withdrawal of resignation on 01.07.2003 not permissible – Resignation deemed accepted and final on 28.05.2003 – Post stood abolished simultaneously with acceptance o...
Stamp Duty – Refund – Application for refund of stamp duty – Appellant sought refund due to prolonged proceedings before NCDRC – Application rejected on grounds of delay beyond six months – Supreme Court held rejection of refund application due to judicial delay violates equity and fairness – Case fit for exercise of power under Article 142 of the Constitution &...