Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Wife was in illicit relationship with second respondent - Wife of second respondent also lodged complaint that he was in illicit relationship with wife/first respondent - Husband was a Constable in CRPF and he was away from marital home on his duty and could visit his home only twice a year by availing..........
Medical education -- Admission to MBBS - State quota - Direction issued that until a suitable rectification is made in the guidelines/rules, candidates domicile of State of Maharashtra having acquired SSC and/or HSC qualification from any recognized institution: (i) Whose parents are domiciles of Maharashtra and employed in the Central Government or its Undertaking,..........
Service -- Dismissal from service - Misconduct - Charges and misconduct proved against respondent is of misbehaving with superior, colleagues and insubordination and giving threats of dire consequences to superior may be under influence of intoxication - Such misbehaviour with superior officer and insubordination cannot be tolerated in a discipline force life CRPF -..........
Indian Penal Code, 1860, Section 376 -- Gang rape - Police protection to victim's family and witnesses - Held, without casting any aspersions on security personnel of State Police, in order to allay all apprehensions and only as a confidence building measure, It is directed that security to victim's family and witnesses shall be provided by CRPF within a week...........
Motor Vehicles Act, 1988, Section 149 -- Accident - 80% physical disability - Compensation - Tribunal has an obligation to assess just and reasonable compensation to make good loss in terms of money suffered by victim and victim family - However, compensation cannot be a bonanza, source of profit or largess - Tribunal failed to discharge its obligation to summon a witness..........
Service -- Special (duty) allowance - CRPF personnel posted in North-Eastern region - Two categories of employees as per Government Order of 1987 i.e : (i) Personnel whose headquarters are within North-Eastern region, and (ii) whose headquarters are outside North Eastern Region - Clearly indicates that classification is not founded on any intelligible differentia -..........
Service -- Dismissal from service - Constable In CRPF force left the campus without prior permission, proceeded to market, consumed liquor and quarreled with civilians - It is not expected of a member of disciplined force to behave in this manner - Punishment of dismissal from service is not disproportionate...........
, Section 47 - - Non-discrimination in government employment - S.47 of Act makes clear that there is no discrimination against employees who acquire disability during service - Exemption depends upon "type of work" - Since the job requirements in CRPF demands a high level fitness and ability thus it is exempted from the provision of S.47 of Act...........
Service -- Not fit for normal active duty and 100% permanent incapacitation for further service - Difference - Person not fit for normal active duty can be retained or re-instated by giving other duties but the person with 100% disability will be dispensed with - Since the respondent who suffered 100% permanent disability, he cannot be retained in service and must be..........
Delhi Rent Control Act, 1958, Section 25B -- Eviction - Residential requirement - Leave to defend - Eviction petition filed on ground that accommodation available with petitioner/landlady not sufficient to meet her residential requirement - Husband of petitioner retired from CRPF in April, 2005 - Family consists of petitioner, her husband, two sons and, daughter in law and..........
