Digi - Legal Insights
CIVIL LAW
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Plea of unlawful
tenancy under Watans Abolition Act cannot be raised for first time before MRT
when not urged before ALT; concurrent findings upheld.
CIVIL LAW
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Temporary injunction
justified in partition suit to preserve status quo when defendant claims under
disputed gift deed.
CIVIL LAW
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Ownership of flat does
not extend to terrace unless specifically granted; claim over terrace
unsupported by tenancy or statutory title.
CIVIL LAW
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Eligible
slum dwellers cannot demand preferential benefits without proving ownership;
eviction under Sections 33 and 38 upheld to safeguard public interest.
CIVIL LAW
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Developers inaction
during proceedings under Sec. 13(2) of Maharashtra Slum Act justifies
non-interference with termination; writ petition dismissed.
CIVIL LAW
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No vested right to
regularization where structures are in prohibited mangrove buffer zone and not
covered by cut-off date policies; clean hands doctrine invoked to deny relief.
CIVIL LAW
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Stepchildren
have no legal right to occupy parents property during their lifetime; eviction
order under Article 226 upheld as just and legal.
CIVIL LAW
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Review not maintainable
where Supreme Court has declared predecessors transactions void and barred
further challenge.
CIVIL LAW
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Plaint filed without a
genuine cause of action, lacking relevancy for suit and barred by limitation is
liable to be rejected under Order VII Rule 11.
CIVIL LAW
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IB Code is special
legislation that allows NCLT to pass orders prohibiting parties from initiating
proceedings while moratorium period is in effect.
CIVIL LAW
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Material particulars
pleaded in petition would constitute sufficient cause of action that warrants a
trial. Election petition cannot be rejected at threshold under Order VII, Rule
11 of CPC. Application dismissed.
CIVIL LAW
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Omission of material
facts and absence of specific pleadings of corrupt practice in election
petition justify its rejection under O. VII R. 11 CPC and Ss. 83 & 87 of
the Representation of the People Act.
CIVIL LAW
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Application for
overtime wages is maintainable where entitlement is undisputed and amount is
computable in terms of money.
CIVIL LAW
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Strict liability under
Section 124A crystallizes on date of untoward incident if claimant qualifies as
dependent; compensation of  8,00,000
awarded.
CIVIL LAW
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Amalgamation of two
trusts justified where revival of defunct trust and better administration
warranted; absence of separate trustee not fatal.
CIVIL LAW
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Court cannot interfere
in policy-based rejection of subsidy when applicant fails to meet criteria; no
violation of Articles 14 or 226.
CIVIL LAW
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Promoters failure to
convey property despite statutory obligation and existence of proper
association warrants grant of unilateral deemed conveyance.
CIVIL LAW
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Gram Sabhas unanimous
resolution withdrawing NOC for mining due to threat to agriculture and
livelihood is valid and binding.
CIVIL LAW
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Relaxation of cut-off
date or revival period under Sec. 10A(2)(c) read with Sec. 4A of Mines Act not
legally tenable; petitioners plea rejected.
CIVIL LAW
Details
Partnership does not
confer proprietary right in license; renewal can be sought only by the original
licensee.