Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband is a doctor earning approximately Rs.1,40,000 p.m. from his employment - Wife on the other hand holds an M.Tech (Computer Science) and an LLB degree - She claims to be presently unemployed - Determination of alimony requires consideration of multiple factors - Husband has capacity to pay a higher amount..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Minor child - Determination of income - Minor child who suffers death or permanent disability in a motor vehicle accident, cannot be placed in same category as a non-earning individual for purposes of assessing amount of compensation because child was not engaged in gainful employment at the time of accident - In such a..........
Service -- Disability during service - Retirement on medical grounds must be a measure of last resort, only after employer exhausts all reasonable avenues for redeployment - This principle is inherent in the concept of "reasonable accommodation", which is now recognised as an aspect of substantive equality u/arts 14 and 21 of Constitution - Failure to explore alternate..........
Service -- Disability during service - Alternate post - Appellant appointed as driver was found colour blind during service and was declared unfit to hold the post of driver - He was prematurely retired from service on medical grounds without any meaningful effort by respondent/Corporation to explore his suitability for alternate employment - This action, taken in..........
Employee's Compensation Act, 1923, Section 3 -- Accident - Compensation - Expression "accident arising out of and in the course of his employment" occurring in S.3 of the Act include accident occurring to an employee while commuting from his residence to place of employment for duty or from place of employment to his residence after performing duty, provided the nexus..........
Employee's Compensation Act, 1923, Section 3 -- Accident - Compensation - Deceased was employed with respondent No.2/Sugar factory as watchman - He was proceeding to his workplace when accident occurred at place which was 5 kms (approx.) from workplace while employee was proceeding towards workplace - There was a clear nexus between circumstances, time and place in which..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Court while determining quantum of maintenance has to consider factors like : (a) Residential comfort; (b) Health care standards; (c) Social and economic status of both parties; (d) Qualification and employment; (e) Sources of income and assets; (f) Marital standard of living bench mark; (g)Inflation...........
Interim custody of Child -- Permission to take child abroad sought by mother - Mother is admittedly in charge of child since pendency of original petition for permanent custody of child - Though child requires both the parents, but since mother has to travel abroad for her employment, said opportunity cannot be jeopardized solely because she is a mother - Petitioner being..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - No document, affidavit or income proof filed to indicate that wife is engaged in any gainful employment or possesses any financial resources of her own - Mere bald assertions made by husband cannot substitute evidence, especially in maintenance proceedings and sustenance of wife and child who are unable to..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife is suffering from a medical condition and is simultaneously responsible for the care and upbringing of minor child born out of the wedlock - Physical, emotional, and financial responsibilities, coupled with the burden of single-handedly raising a child, particularly while managing one's own health..........
