Digi - Legal Insights
CIVIL LAW
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Unauthorized hutments,
despite court orders, were protected by inaction from municipal authorities;
strict action is necessary against slumlords to deter future encroachments.
CIVIL LAW
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Delay condoned with condition of no interest;
alternate remedy not a bar.
CIVIL LAW
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In light of prolonged
litigation and lack of available work, lump sum compensation granted in place
of reinstatement and back wages.
CIVIL LAW
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Compensation must be
based on actual wages; insurer not liable where employee not covered under
policy.
CIVIL LAW
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Time limit must be read
to apply from date of majority of minor applicant.
CIVIL LAW
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Amendment of decree-Clerical
error in operative part of decree can be corrected under Sections 152 and 151.
CIVIL LAW
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Rejection of plaint
under O. VII R. 11-Plaintiffs coparcenary claim raises triable issue and cannot
be rejected at threshold.
CIVIL LAW
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Orders of Charity Commissioner can be reviewed if
they fail to consider statutory obligations under trust laws.
CIVIL LAW
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Caveatrix with no Class-I heirship has no caveatable interest.
CIVIL LAW
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Banks must follow due
process under Insolvency and Bankruptcy Code for debt recovery; arbitrary
measures are not permitted.
CIVIL LAW
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Deposit of auction proceeds under court orders does not constitute payment if withdrawal is restricted, and contractual interest continues to apply.
CIVIL LAW
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Parties restored to
pre-arbitral position; Sole Arbitrator appointed considering specific nature of
jurisdiction under Sections 34 and 37.
CIVIL LAW
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When some services in a
show cause notice qualify for exemptions and others do not, entire notice
cannot be quashed.
CIVIL LAW
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Even unaided minority institutions must comply with AICTE regulations and statutory conditions of affiliation, including prescribed pay scales.
CIVIL LAW
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Impugned press releases
influencing quasi-judicial decisions violate Article 77 requirements and are
set aside to maintain independent adjudication.
CIVIL LAW
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A High Court judgment
cannot be declared illegal under Article 32; the proper remedy is recall or
appeal under Article 136.
CIVIL LAW
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Resolutions issued
under executive powers must align with legislative competence and do not
violate principles of separation of powers.
CIVIL LAW
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Construction of
permanent structures without the landlords consent alters the property and
warrants eviction.
CIVIL LAW
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A tenants successor
must prove continuous residence in the tenanted premises as part of the
deceaseds family.
CIVIL LAW
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A transfer of shares is void if not in
the best interest of a company under liquidation.