Service -- Part time contractual instructors/teachers - Payment of honorarium - Initial burden to pay honorarium to instructors/teachers is upon State Government who is free to recover contribution of Central Government from Union of India on the principle of "pay & recover" - Honorarium payable to these instructors/teachers cannot be permitted to remain stagnant and same..........
Service -- Termination - Oral termination of appellant without holding any inquiry and thereafter transferring appellant to a far off place not warranted - However, since appellant had worked for twelve years in a Trust continuously, uninterruptedly and without any blemish, entire issue can be laid to rest by directing Trust to pay a lump sum compensation of Rs.12 lakhs...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband has sufficient earning capacity and financial means to pay more than Rs.15,000 pm towards permanent alimony as per material on record - Considering cost of living, impact of inflation over past decade and overall circumstances of parties, amount awarded by Family Court, as affirmed by High Court is..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband has sufficient earning capacity and financial means to pay more than Rs.15,000 pm towards permanent alimony as per material on record - Considering cost of living, impact of inflation over past decade and overall circumstances of parties, amount awarded by Family Court, as affirmed by High Court is..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife and minor child - Responsibility of maintenance does not stand divided merely because each parent has custody of one child - While determining quantum of maintenance, Court would necessarily take into account the fact that one of children is residing with husband and that he is bearing expenses of..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife and minor child - Wife had no independent source of income and is largely dependent upon support from her parents - Having regard to overall facts and circumstances of the case, absence of direct proof of fixed monthly earnings beyond contractual engagement and fact that husband is also maintaining..........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff failed to prove his readiness and willingness - He not able to demonstrate that he had necessary financial wherewithal to make balance payment of Rs.5.21 crores on due date - In addition to that, he did not even visit office of Sub-Registrar on said date - Even, defendants too did not fulfil their..........
Agreement to sell -- Specific performance - Both the parties at fault - Equity must operate in a manner that prevents unjust enrichment and restores parties to their original position, as far as possible particularly where both parties are at fault - Therefore, directing forfeiture of earnest money would result in an equitable windfall to defendants - Defendants directed..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Considering the facts and circumstances of case, socio-economic status of parties, amount of Rs.5,00,000 as one time settlement in favour of wife shall serve the purpose of equity and meet the ends of justice - Husband directed to pay said amount as permanent alimony to wife...........
Indian Penal Code, 1860, Section 376(2)(n), 417 -- Rape - Conviction - Prosecutrix and appellant solemnized marriage and are residing together - FIR and order of conviction and sentence quashed - Owing to criminal complaint appellant was suspended from service - Direction issued to CMO to revoke the order of suspension and to pay arrears of salary to appellant...........
