Tuesday, 8 January 2019

Service Law—Continuous Service—Once it is established that the employee had voluntarily abandoned his service, he could not have been in "continuous service" as defined under S.2(oo) of the Act-Industrial Disputes Act, 1947, S.2(oo).

Unauthorised Possession—To prove that the possession is legal, prima facie plaintiff has to prove that he is either the owner of such property or is in possession as a lawful tenant or is in its permissive possession with the express consent of its true owner

Service Law-Exparte Award—Industrial Courts has the jurisdiction to entertain an application for setting aside an award made after thirty days of its publication

Consumer Protection Act, 1986, S.12—Housing—Delay in Delivering Possession—Subsequent purchaser is entitled to maintain complaint against builder for delay in delivery of possession of flat.

ALOK VERMA, CBI DIRECTOR Case--Contention of the Attorney General that the action against Verma cannot be regarded as "transfer" or "removal", as he was merely taken off charge, Repelled by court. "the term 'transfer', as used in section 4B of the DSPE Act, cannot be understood in its traditional sense and must be interpreted as including actions which impact the functioning of the CBI Director - held that the word "transfer" has to be understood as encompassing all acts which affect the independent functioning of CBI Director" Further Held "Vineet Narain and others vs. Union of India and another, (1998) 1 SCC 226 case cannot be disregarded, and the subsequent enactment of the CVC Act, introducing amendments to the DSPE Act, in pursuance of the 1997 judgment was with the object of ensuring absolute insulation of the CBI Director."

Consumer Protection Act, 1986, S.12~Consumer Complaint—Class Action--Notice--For filing 'Class Action' complaint u/s 12(l)(c) of the 1986 Act notice under 0.1 R.8(2) CPC is mandatory-Civil Procedure Code, 1908, 0.1R.8.

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