Sec.25,26 and 27 of Consumer Act = Builder failed to provide amenities , Club House etc., and made constructions against the rules of Municipal Nagara Palika – Deficiency in service – consent decree to pay interest on failure to full fill obligations – Executions filed – Appeal lies but not revision – On merits also the builder is at deficiency of service = The State … Continue reading
Civil court has no jurisdiction against the properties covered under Securitisation Act.= Section 13, as already indicated, deals with the enforcement of the security interest without the intervention of the court or tribunal but in accordance with the provisions of the Securitisation Act. 22. Statutory interest … Continue reading
High court with out discussing the pleadings- with out assigning valid reasons – cryptically quashed the complaint which was taken cognizance by Lower court by it’s non-speaking orders – Apex court set aside & remanded for afresh disposal = the impugned judgment does not disclose as to how this finding was … Continue reading
Pension would be granted only after completion of 15 years service = The respondent also sought voluntary retirement under this scheme. His application was accepted and he was given voluntary retirement on 15.12.2000. He was also accorded superannuation benefits … Continue reading
Bonafide mistake in not furnishing the required information to the High Court may not amount to contempt of court – Apex court set aside the orders of High court = . Before we part with this topic, we would like to refer to one aspect … Continue reading
Service matter = Doctrine of proportionality in punishment – Enter office forcibly in intoxication mood – removed from service – correct – the High Court has found the penalty of removal from service to be disproportionate to the nature and gravity of his misconduct. Thus, – invoking the doctrine … Continue reading
Since the penalty was imposed by Board itself which is an appellant authority, it’s orders are not correct as per the regulations of Electricity Act as the employee was deprived of his appeal right ; = whereby the Division Bench has affirmed the judgment dated 23.9.2010 passed by the State Public Service Tribunal, Lucknow, (for short “the tribunal”) … Continue reading
PUBLISHED IN http://judis.nic.in/supremecourt/imgst.aspx?filename=40844 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.8251 OF 2013 (Arising out of SLP (C) No. 36602 of 2012) SANOBANU NAZIRBHAI MIRZA & ORS. … APPELLANTS VS. AHMEDABAD MUNICIPAL TRANSPORT SERVICE … RESPONDENT J U D G M E N T V. GOPALA GOWDA, J. Leave granted. 2. … Continue reading
published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40832 Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 8634 OF 2013 (Arising out of S.L.P. (C) No. 22813 of 2007) Eastern Coalfields Ltd. and others … Appellants Versus Bajrangi Rabidas …Respondent J U D G M E N T Dipak Misra, J. … Continue reading