Bihar Water Resources Department Subordinate Engineering (Civil) Cadre Recruitment (Amendment) Rules 2017—Rule 9(1)(ii)—Recruitment process for Junior Engineers—In a crucial ruling, the Court addressed the State Government's decision to cancel the recruitment process for Junior Engineers initiated by the advertisement dated March 8, 2019—The Government sought to amend existing recruitment rules due to errors in the current framework—However, the Court emphasized that scrapping the entire selection process, despite a prepared Final Select List, violated candidates' rights, akin to changing rules post-selection—Given the urgent need to fill nearly 9,187 vacant Junior Engineer positions affecting governmental operations, the Court ordered the Bihar Technical Service Commission (BTSC) to revise the ...
Advertisement Constitution of India, 1950—Articles 14 and 16—Uttarakhand State Educational (Teaching Cadre) Gazetted Service Rules, 2002—Rules 5(3), 5(4), 6 and 8—Quashing and declaring same to be invalid being arbitrary and unreasonable and ultra vires to Articles 14 and 16 of Constitution of India—And Quashing of Advertisement—Issued by respondent No. 4—Petitioners prayed for—Legality of—An Assistant Teacher (L.T. Grade) the petitioners have future promotional prospects to post of lecture as well as to post of principal, provided concerned incumbent fulfill required length of service and eligibility conditions as stipulated in Rules—Which are applicable to all—Argument as advanced by counsel for petitioners are limited are misconceived—Fact that petitioners we...
(A) Advertisements for Arts—Consumer Protection Act, 1986, Section 2(1)(g)—Deficiency of service and unfair trade practice—Before the release of the film, the appellant circulated a promotional trailer, both on television and online, which contained a song in the form of a video—However movie did not contain the song, even though the song was widely circulated for promoting and publicising the movie—It is well-established in contractual jurisprudence that an advertisement generally does not constitute an offer and is merely an invitation to offer or invitation to treat—Only substantive and material discrepancies are covered under unfair trade practice—Since the promotional trailer is not an offer, there is no possibility of it becoming a promise—Therefore, there is no offer, much less a cont...
ITBP Recruitment—Petitioner seeks to overturn Medical Unfit Certificates citing a tattoo on their right forearm—Disqualifying them from the Constable position in I.T.B.P. Despite clearing all tests—Petitioner's tattoo led to their disqualification—Petitioner argues that tattoo removal makes them eligible. The respondents cite a specific condition in the advertisement disallowing right forearm tattoos—A Division Bench of the Delhi High Court dismissed a similar case—The court, following the Delhi High Court's decision—Rejects the petition ...
Consumer Protection Act, 1986—Section 23—Appellant responded to a Bihar State Housing Board advertisement in 1978, deposited money for a plot, and later paid the required amount for allotment in 1991. Despite the deposit, possession wasn't granted. The State Consumer Disputes Redressal Commission ordered compensation, interest, and litigation costs. The National Commission later reduced the interest rate and recorded an alleged statement by the appellant. After an appeal, this decision was set aside, as the appellant contested the reduction. The Supreme Court held that the National Commission erred in recording the appellant's statement and reducing the interest rate without justification, restoring the State Commission's order. ...
Cable Television Networks (Regulation) Act, 1995—Section 1, Section 11, Section 12—Representation of the People Act, 1951—Section 125, Section 28A—Election Commission, recognizing the impracticality of pre-censoring all advertisements on cable networks and television channels, proposes a solution by authorizing District Magistrates of all States or Union Territories, not below the rank of a Sub-divisional Magistrate or a member of the State Provincial Civil Service, to exercise these powers—This delegation is to be made through a general order by the Election Commission, and the delegated officers will operate under the control, superintendence, and discipline of the Election Commission—Further delegation of powers to Chief Electoral Officers of each State or Union Territory is envisaged—The order...