Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - It is sacrosanct duty of husband to render financial support to wife even if he is required to earn money with physical labour, if he is able bodied...........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144 - Maintenance to mother - Son contended that his mother is rearing cattle and is getting sufficient income from it to support her - Contention rejected as it is quite unfortunate and inappropriate for an affluent son to tell his aged mother that she should go to cattle rearing to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning of accused - At the stage of summoning, drawing of cheque and dishonoring of same which would attract presumption in favour of holder u/s 139 of the Act is relevant - Arguments with respect to accused being labour, complainant being hardened criminal and fraud had been played upon applicant,..........
Service -- Termination - Misconduct - Employee being bus driver appointed by Corporation was terminated after found guilty of misconduct in rashly and negligently driving the bus of Corporation resulting death of two passengers while several others suffered injuries - MACT categorically held that accident took place because of negligence of lorry driver - Corporation did..........
Service -- Regularisation - Labour Court directed that employee should be classified as permanent employee - However, respondents in their appeal stated that employee cannot be regularized in the absence of a sanctioned post - Even if no post was available, employee was required to be placed in a supernumerary post till such time a sanctioned post became available where he..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(x) -- Offence u/s 3(i)(x) of the Act - Incident occurred at the backyard of house of appellant - Backyard of a private house cannot be within public view - Persons who accompanied complainant at the time of incident are employees and labour force she had engaged for the purpose of..........
Constitution of India, 1950, Article 226 -- Writ petition - Factual findings of Labour Court normally should not be disturbed by a Writ Court without compelling reason...........
Land loser -- Grant of employment - Termination - Appellant given employment as son-in-law of land loser under the prevalent scheme intended for land loser's family member - However, on account of estrangement between appellant and his wife and divorce proceeding initiated by appellant, his father-in-law/land loser made complaints, which led to issuance of charge memo with..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Considering the fact that husband is a labour and economic condition of both the parties, it is fit and proper that husband shall give Rs.2 Lacs to wife as permanent alimony...........
Service -- Reinstatement - Employee was relieved from duty and was paid one month salary in lieu of notice as per rules of company - Without any objection employee accepted the cheque and encashed the same - There is thus, no violation of procedure on the part of management in terminating the services of employee - Since the employee is not a workman u/s 2(s) of..........
