Digi - Legal Insights
CIVIL LAW
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Writ against show cause
notice not maintainable when alternative remedy is available and no violation
of natural justice is shown.
CIVIL LAW
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Show-cause notice based
on forensic audit can be withdrawn and reissued; original notice and
consequential proceedings stand cancelled.
CIVIL LAW
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Writ petition under
Article 226 maintainable despite alternative remedy when only legal issue is
involved and compensation is statutory.
CIVIL LAW
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Petition
under Article 226 not maintainable for declaratory relief when possession and
use of property discontinued and material evidence lacking.
CIVIL LAW
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Inordinate delay of
over four decades in asserting land allotment claim amounts to abuse of legal
process; no vested right established.
CIVIL LAW
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No locus standi to
challenge MHADAs e-tender when petitioner lacks registered agreement and
enforceable rights under Article 226.
CIVIL LAW
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No legal bar on use of
additional languages like Urdu on municipal signboards alongside Marathi;
language use cannot be restricted solely on religious or political grounds.
CIVIL LAW
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Sale in breach of
exemption conditions under Section 20(1)(b) is illegal; no writ interference
warranted despite mistaken reference to Section 5(3).
CIVIL LAW
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Termination without
inquiry, notice or compensation for employees working on clear vacant posts
amounts to unfair labour practice; reinstatement upheld in revisional
jurisdiction under Sec. 44.
CIVIL LAW
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Deliberate disregard of
Court orders and perpetuation of illegality amounts to contempt; demolition
ordered and simple imprisonment imposed.
CIVIL LAW
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Contempt for
obstructing Court process and perpetuating illegality; demolition directed.
CIVIL LAW
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Injunction under
Section 41E cannot be granted without evidence of imminent danger to trust
property; inquiry by Joint Charity Commissioner justified.
CIVIL LAW
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Prima facie dishonest adoption
of trade mark defeats defense of high turnover; interim relief granted to
protect long-standing statutory and common law rights.
CIVIL LAW
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Reservation on land
deemed to have lapsed under Sec. 127 of MRTP Act due to failure of authority to
initiate acquisition within 24 months of purchase notice.
CIVIL LAW
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Unauthorized shops
constructed on open layout space cannot be regularized; delay in demolition
despite court orders undermines rule of law.
CIVIL LAW
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Mere application for
acquisition does not constitute step under Section 127 of MRTP Act; declaration
under Section 6 of L.A. Act mandatory.
CIVIL LAW
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Unauthorized
construction without sanction from competent authority is incurable illegality;
Gram Panchayats NOC irrelevant.
CIVIL LAW
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Rejection of bid not
arbitrary when based on market potential and public interest; no vested right
or promissory estoppel arises in favour of bidder. 1985 DGLS(SC) 316, Dist.
CIVIL LAW
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Unregistered leave and
license document admissible under Maharashtra Rent Control Act; oral agreement
cannot override written terms; rejection of leave to defend upheld.
CIVIL LAW
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Consent of parties to
quash tenancy declarations and restore land to original owner is legally
permissible.