Service -- Recruitment - Once a process of recruitment is set in motion, all aspirants are entitled in law to equal treatment - There cannot be different yardsticks for different sets of aspirants - Non-compliance with terms of advertisement/notification is bound to trigger adverse consequences of rejection of aspirant's claimed status by selecting body/appointing..........
Service -- Agreement of service containing restrictive covenant - Restrictive covenant operating during subsistence of an employment contract does not put a clog on freedom of a contracting party to trade or employment...........
Service -- Agreement of service containing restrictive covenant - Clause 11 (k) of appointment letter shows that employee was required to pay liquidated damages of Rs.2 lakhs in the event of leaving employment of bank prior to 3 years - Whether clause violative of S.27 of Contract Act - Clause sought to impose a restriction on employees option to resign and thereby..........
Service -- Agreement of service containing restrictive covenant - Clause 11 (k) of appointment letter shows that employee was required to pay liquidated damages of Rs.2 lakhs in the event of leaving employment of bank prior to 3 years - Whether clause opposed to public policy - Restrictive covenant prescribing a minimum term cannot be said to be unconscionable, unfair or..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Violation of order of High Court - Appellant being Tehsildar had removed certain structures from the subject land despite an earlier order passed by High Court - He accompanied by a police force of 80 personnel threw respondents occupying subject land on road, removed their belongings from their homes after..........
Civil Procedure Code, 1908, Section 15, Order 9, Rule 7 -- Ex parte order - Setting aside - Petitioner was served at the address mentioned in sale deed itself - Substituted service was not shown to be fraudulent - Both courts below have concurrently found no procedural irregularity sufficient to set aside ex parte order in retrospect particularly in light of subsequent..........
Armed service -- Disability pension - Requirement to give reasons by Medical Board is crucial, critical, decisive and necessary for purpose of granting or denying disability pension and it is not a mere formality, but a necessary material on basis of which pension sanctioning authority has to decide about grant or refusal of disability pension - If any action is taken by..........
Armed service -- Disability pension - Where serviceman himself had not applied for discharge, but has been discharged by authority, onus of proving disability and grounds of denying disability pension would lie heavily on authority - Since it is statutory requirement that opinion of Medical Board is to be basis of discharge, if opinion of Medical Board is devoid of..........
Armed service -- Disability pension - Order of discharge of appellant and denial of disability pension to him based on a medical opinion without providing full reasons to support opinion cannot be said to be valid - However, considering the fact that about 27 years of appellant being invalided from service, order of discharge of appellant from service on the ground of..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife and minor children - Husband despite service of notice and without valid reason did not appear - Court after taking into consideration entire facts and circumstances, passed the order for payment of interim maintenance - Impugned order not on higher side and is fair and reasonable - Maintenance..........
