Hindu Marriage Act, 1955, Section 13, Constitution of India, 1950, Article 142 -- Divorce - Irretrievable breakdown of marriage - Only in case where one of parties does not agree and give consent, only then powers u/art 142 of Constitution are required to be invoked to do substantial justice between parties, considering facts and circumstances of case...........
Hindu Marriage Act, 1955, Section 13, Constitution of India, 1950, Article 142 -- Divorce - Irretrievable breakdown of marriage - Parties living separately for the last 22 years - All efforts to continue marriage have failed and there is no possibility of reunion because of strained relations between parties - Marriage between parties appears to be irretrievably broken..........
Constitution of India, 1950, Article 226 -- Tender - Terms and conditions of a tender notice cannot be relaxed by High Court in exercise of power u/art 226 of Constitution, as such relaxation would be patently discriminatory...........
Tender -- Dealership of Liquified Petroleum Gas (LPG) - Applicant should own a plot of land of adequate size at advertised location for contribution for godown for LPG storage as per terms of tender - Admittedly, as on last date of submission of applications in terms of advertisement, petitioner did not own land as required - Petitioner only had an agreement for sale in..........
Rajasthan State Road Transport Corporation Compassionate Appointment Regulations, 2010 -- Regul.4(3) - Compassionate Appointment - Validity of Regul.4(3) - Corporation carved out two classes of dependents of deceased employees in respect of claims for Compassionate appointment i.e. dependents of employees who have died in an accident while travelling in a vehicle belonging..........
Constitution of India, 1950, Article 14, 21, Kerala Abkari Shops Disposal Rules, 2002, Rule 4(2), 9(10)(b) -- Vested Right of Employment - Right of rehabilitation of displaced abkari worker - In 1996 arrack was banned in State of Kerala - Government ordered that 25% of all daily wage employment to be filled up by displaced workers who were arise in the Corporation. in..........
Constitution of India, 1950, Article 14, 21, Kerala Abkari Shops Disposal Rules, 2002, Rule 4(2), 9(10)(b) -- Right of rehabilitation of displaced abkari worker - Employment - In 1996, many of abkari workers lost their livelihood due to ban on arrack in State - Assurance was given to abkari workers for consideration for employment in 25% of daily wage vacancies that would..........
Constitution of India, 1950, Article 14, 21, Kerala Abkari Shops Disposal Rules, 2002, Rule 4(2), 9(10)(b) -- Right of rehabilitation of displaced abkari worker - Legitimate expectation - If promise made by authority is clear, unequivocal and unambiguous, person can claim that authority in all fairness should not act contrary to promise - If representation is made that..........
Constitution of India, 1950, Article 14, 21, Kerala Abkari Shops Disposal Rules, 2002, Rule 4(2), 9(10)(b) -- Right of rehabilitation of displaced abkari worker - Substantive legitimate expectation - Assurance give to respondents that they would be considered for appointment in future vacancies of daily wage workers - Change in policy due to difficulty in implementation -..........
Constitution of India, 1950, Article 14, 21 -- Legitimate expectation - In case of a complaint that an administrative authority has reneged from a promise without giving an opportunity of hearing which was the past practice, a claim of legitimate expectation can be raised - In other words, if the policy or practice was to give an opportunity before the benefit is..........