Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Unsoundness of mind - Medical examination of spouse - Matrimonial Court possesses sufficient power to direct medical examination in case decree for divorce u/s 13(1)(iii) of the Act is sought - However, such an order can be passed upon Court satisfying itself as to existence of ground on basis of evidence tendered..........
Service -- Dearness allowance (DA) and Dearness relief (DR) - DA is paid to serving employees whereas DR is paid to pensioners - Object of both DA and DR is common, which is to enable serving employees/pensioners meet the exigencies of inflation - Since, inflation hits both serving and retired employees with equal force, therefore, fixing different rates of enhancement of..........
Service -- Promotion - Relaxation in educational qualification - Appellant has experience of 28 years of working in society - Case of appellant was recommended for promotion to post of Society Manager by Board of Directors and was approved and furthered by General Body - Registrar could not have disapproved the resolution, once it was validly passed by Board of Directors..........
Service -- Appointment - Economically Weaker Section (EWS) Category - Candidates will have to submit a caste certificate/reservation certificate which must exist prior to last date of application or last date of advertisement and should conform to prescribed proforma printed in appendix - If certificates relied upon by appellants were not in respect of financial year prior..........
Service -- Public recruitment - In matters of public recruitment, where large number of candidates participate, application forms are submitted online along with scanned eligibility documents, certificates, etc., such applications are processed through computer applications/software and therefore, any error in application is bound to result in rejection of candidature -..........
Service -- Release of gratuity and pensionary benefits - Appellant was exonerated in departmental proceedings - However, criminal proceedings were pending against appellant - As per R.69(1)(c) Central Civil Services Rules gratuity shall not be paid so long as either departmental or judicial proceedings are pending - Appellant not entitled to gratuity till the conclusion of..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 144, 94 -- Maintenance to wife - Production of documents regarding service and income of wife - Documents sought by husband are relevant and have a direct bearing on fair adjudication and are certainly necessary and desirable for the purpose of trial - Husband specifically alleged that she is working in Hospital - Hospital..........
Service -- Public employment - Grace, charity or compassion ought to stay at a distance in matters of public employment, if a fair level playing field is to be secured...........
Service -- Public employment - Merely because one belongs to backward community cannot be decisive factor for tilting scales - Boundaries for exercise of discretion are well carved out beyond which adjudicatory fora ought not to trench...........
Service -- Selection process - Post of constable - Physical Test - Respondent not participated in physical test due to ill health despite having qualified in first tier of selection process - He alone sought for rescheduling of date of physical test - However, no effort was made by respondent to remain physically present on scheduled date of physical test - Nature of..........
