Service -- Part time contractual instructors/teachers - Fixation of honorarium - Policy decision - Any policy decision of Government permanently fixing honorarium of instructors/teachers for all times to come, cannot be justified and approved of as periodical revision depending upon price rise, cost of living and other host of factors - It is always permissible to revise..........
Service -- Part time contractual instructors/teachers - Fixation of honorarium - Any action of State/Union Government to employ instructors/teachers on a fixed honorarium amounts to `Begar' and unfair practice which is violative of Art.23 of Constitution...........
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 -- Part time contractual instructors/teachers - Once the contract period of 11 months for which employees were initially appointed or extended contract period stood expired, appointment of part time or contractual instructors/teachers in fact no longer remains contractual in nature - They were not even part time instructors/teachers as they were specifically..........
Service -- Part time contractual instructors/teachers - Fixation of honorarium - Project Approval Board (PAB) is sole central authority to manage budget and finances under Right of Children to Free and Compulsory Education Act and scheme and to fix honorarium for instructors/teachers appointed thereunder - No other authority has any say in the matter concerning finance and..........
Transfer of Property Act, 1882, Section 39 -- Maintenance to wife - Charge over husband's property - Fraudulent transfer of property - Hindu wife has a right to claim maintenance out of her husband's property and consequently entitled to protection u/s 39 of the Act - Therefore, if wife is able to establish that purchaser had knowledge of her right at the time of purchase,..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - O.7.R.14(3) CPC places a procedural embargo on reception in evidence of documents which were required to be produced or listed at the time of presentation of plaint but were not so produced - However, provision itself confers discretion upon Court to grant leave for production of documents at..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 363, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Kidnapping and rape - Prosecutrix was minor at the time of incident - Consent of prosecutrix for sexual relations, has no value in the eyes of law - However, taking her age as 17 years, it prima..........
Arbitration and Conciliation Act, 1996, Section 29A(4) -- Arbitral award - Extension of time for making award - S.29-A of the Act does not in terms, bar an application for extension of mandate of an arbitrator in the event of delivery of an award...........
Arbitration and Conciliation Act, 1996, Section 29A(4) -- Arbitral award - Extension of time for making award - Following empowerments of S.29-A of the Act enabling Courts to deploy them as and when factual matrix demands Viz. (i) Court has power to extend the time before or after expiry of statutorily stipulated period as per S.29-A(4) of the Act; (ii) Court is empowered..........
