Digi - Legal Insights
CIVIL LAW
Details
Failure to issue notice
under Section 11(5) of the MOFA Act vitiates the deemed conveyance process.
CIVIL LAW
Details
A daughters right as a
coparcener under the amended Hindu Succession Act is absolute, irrespective of
her date of birth.
CIVIL LAW
Details
The disciplinary
committee under the IBC can consist of either a single whole-time member or
multiple whole-time members.
CIVIL LAW
Details
Confiscation of
artworks violating contemporary standards of morality must consider artistic
and cultural significance.
CIVIL LAW
Details
Delay
in filing a restoration application must be supported by evidence; lack of
intimation by counsel is not a valid excuse.
CIVIL LAW
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Delay applications must
be supported by valid reasoning and necessary documentation.
CIVIL LAW
Details
Dependency proved at
the time of death entitles all claimants to compensation, irrespective of
subsequent employment of one of them.
CIVIL LAW
Details
A plaintiff must
establish consumer confusion with direct evidence; mere similarity is
insufficient.
CIVIL LAW
Details
Legal heirs must
establish their independent necessity for eviction to sustain the claim.
CIVIL LAW
Details
Landlords must
substantiate the necessity for commercial property possession; non-use by a
family member does not establish a bona fide requirement.
CIVIL LAW
Details
The chairman of a trust
lacks authority if proper legal procedures are not followed.
CIVIL LAW
Details
Raising eligibility
objections against the arbitrator for the first time in proceedings under
Section 34 of the Arbitration Act is an afterthought and unsustain able.
CIVIL LAW
Details
Amendments
in pleadings affecting substantive rights should be allowed only if absolutely
necessary.
CIVIL LAW
Details
Mere long-standing
possession without evidence of hostility or notice to the owner does not
establish adverse possession.
PROPERTY LAW
Details
Classification of land as Class I in revenue records is deemed accurate and not subject to review under MLR Code.
SERVICE LAW
Details
Tribunals order of illegal termination upheld, affirming that reinstatement should be accompanied by back wages as management had unreasonably opted not to re-employ terminated workers despite their availability.
SERVICE LAW
Details
Decision taken by the State to cancel selection process and appointments cannot be faulted with.
CRIMINAL LAW
Details
Absence of independent
witness, lack of weapon recovery, and pending civil dispute weaken prosecution
case; acquittal upheld.
CRIMINAL LAW
Details
Conviction modified as
prosecution failed to prove official duty of complainant at the time of the
incident.
CRIMINAL LAW
Details
Conviction modified as
evidence against one of the accused was unreliable, but the main accused was
found guilty of outraging the modesty of a minor.