Service -- Territorial Army personnel - Family pension - Territorial Army personnel died during disembodied state without completing fifteen years of embodied service - No family pension is payable to legal heir of a territorial Army personnel who died during disembodied state, as deceased had not put in minimum qualifying service to earn service pension - However, keeping..........
Service -- Voluntary Retirement Scheme (VRS) - Thousands of employees discharged on VRS by Management and out of 65 people who pursued the litigation, 59 people already gone on VRS or otherwise - Held, having regard to the age of appellants, interest of justice would be advanced if appellants are paid a lump sum amount of Rs.10 lakhs towards settlement of their dues -..........
Service -- Compassionate appointment - Termination of services after 15 years of appointment on the ground that appellant being brother of deceased does not fall within definition of "dependent of deceased" to claim compassionate appointment - Appellant not committing any fraud, manipulation or suppression of material fact for securing appointment, as appellant being a..........
Service -- Compassionate appointment - Termination after 15 years - Appellant being brother of deceased not entitled to appointment - However, knowing this fact State appointed appellant - Though decision of State is erroneous however, by continuing the appellant for 15 years, State condoned the mistake by their conduct - Moreover, appellant was not responsible for said..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Claim by wife and daughter - Plea of out of service by husband - Said plea does not find support from the averments made in main application or from two impugned orders which were passed after hearing the husband - No other cogent evidence produced by husband to substantiate such fact - Moreover, there is..........
Service -- Termination - Reinstatement with back wages - Unit where respondent was working already closed down - Respondent was given the appointment for a limited period in the said unit - Sufficient material is available to show that respondent started his own workshop - Order directing reinstatement with back wages improper - Appellant directed to pay a sum of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Plea of no, identifiability of disputed property - Neither said plea was taken by defendant in his written statement nor before first appellate Court - Such plea cannot be raised by defendants directly in second appeal - As regarding plea of no, service of notice to defendant is..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Non-service of summons - Order refusing to grant opportunity to lead evidence by defendant in support of said application - Report of refusal made by Postman is not absolute and it is rebuttable - Evidence can be led by defendant to show that report was falsely made and infact he did not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At appellate stage - Amendment sought to claim interest on delayed payments of service benefits - Amendment will not change nature of suit and would not require any fresh evidence - Moreover, mere addition of relief with respect to interest would not itself make the petitioner entitled for interest, as..........
Income Tax Act, 1961, Section 15, 17 -- Income from tip - Tips received by employer that are in a fiduciary capacity as trustee for payments received from customers which they disburse to their employees for service rendered to customer - Therefore, no reference to contract of employment when these amounts are paid by employer to employee...........
