Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife joined service in the year 2011 without any information and knowledge of husband - She stated that she does not want to leave her job and husband could not come to place where wife is posted, after selling his house, land etc. - Evidence of wife reflects that her intention is to..........
Service -- Misconduct - Quantum of punishment is within discretionary domain and sole power of decision making authority once charge of misconduct stands proved - Such discretionary power is exposed to judicial interference if exercised in a manner which is grossly disproportionate to fault, as constitutional Courts while exercising the power of judicial review do not..........
Service -- Misconduct - Dismissal - Respondent was a constable in CISF allegedly abused, misbehaved and assaulted the officer on right shoulder with lathi - No indulgence or latitude can be granted when case is of violence and assault on the officer who had checked and reprimanded respondent - Respondent had not even expressed any remorse or pleaded a good ground for..........
Service -- Subsistence allowance during period of suspension - Respondent is to be treated as being under suspension from the date when first order of dismissal was passed by appellate authority till, when second and final order was passed by appellate authority dismissing respondent from service - He is thus, entitled to subsistence allowance for this period being under..........
Service -- Compassionate appointment - Children born from second wife - Cannot be excluded from consideration for appointment on compassionate ground...........
Service -- Compassionate appointment - Children born from a marriage entered into while earlier marriage is subsisting - As per S.16 of Hindu Marriage Act such children are legitimate - If such child is excluded from consideration for appointment on compassionate grounds then it will violate Art.14 of the Constitution...........
Finance Act, 1994, Section 76, 77, 78, Rajasthan Agricultural Produce Market Act, 1961, Section 9 -- Service tax - Imposition of penalty - Challenge - Whether Market Committee constituted under Act of 1961 were liable to pay service tax on rent collected by them from traders under the Renting of immovable property - Collection of the rent was not a statutory activity as it..........
Service -- Reinstatement with back wages - If the employee is not at all at fault and he is kept out of work by reasons of decision taken by employer, question relating to alternative employment that employee may have resorted to becomes relevant - However, there is also the aspect of discretion which is exercised by Court keeping in view the facts of each case...........
Service -- Reinstatement with 50% back wages - Denial of full back wages - Appellant dismissed from services on the report of Tahasildar for submitting false caste certificate - However, it was found that Tahasildar was incompetent to give such an opinion - Competent authority has cleared appellant and she was completely blameless in the matter - Appellant was kept out of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 75% disability in lower limbs - Compensation - Respondent had continued in service even after his accident and has retired on superannuation - Though respondent entitled to pension and retirement benefits, but has lost opportunity to take up post retirement employment - It is thus, appropriate to enhance compensation of..........
