Digi - Legal Insights
CIVIL LAW
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Mortgage of leased MIDC
land without prior consent is invalid; MIDC entitled to re-entry, but
subletting charges not leviable under 1975 Regulations.
CIVIL LAW
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Pensioner cannot be
denied full medical reimbursement for emergency treatment at private hospital
when expenditure is undisputed and denial violates fundamental rights.
CIVIL LAW
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Rule barring transfer
of agricultural land from tribal to non-tribal is valid and not violative of
Article 14 or Article 46; individual hardship no ground for striking down.
Rule.
CIVIL LAW
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Condonation of delay
without due diligence and supporting evidence is unsustainable; interference
under Article 226 justified.
CIVIL LAW
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Non-compliance with
Section 15(2) of 2013 Act vitiates acquisition process; Collector must consider
objections and submit report before notification.
CIVIL LAW
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Dispute over
compensation apportionment must be adjudicated by Civil Court; no interference
warranted under Article 226 when parties were heard.
CIVIL LAW
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Land Acquisition Officer has no jurisdiction to decide inter se disputes on apportionment of compensation; such disputes lie within domain of Civil Court.
CIVIL LAW
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Interest and statutory
benefits cannot be granted from date of possession prior to Section 4
notification; Reference Courts award partly modified.2016 S.C.C. OnLine.Bom.
2236, ref.
CIVIL LAW
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Purchase Notice validly
issued with adequate particulars; reservation lapsed due to inaction within
statutory period.
CIVIL LAW
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Repudiation of cancer
claim without establishing causal link to alcohol consumption is arbitrary;
Ombudsmans award set aside and insurer directed to pay claim with interest.
CIVIL LAW
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Person going abroad on
student visa held liable under Ss. 9, 19, 29 r/w S. 68 of FERA; presumption
under S. 114 of Evidence Act rightly invoked to establish contravention.
CIVIL LAW
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Amnesty scheme
application not maintainable without accepting liability to pay theft charges
as per scheme conditions. Petition dismissed.
PROPERTY LAW
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Merely on political
opinions or on unsubstantiated newspaper reports, petition under Article 226
cannot be maintained. Petition dismissed.
CIVIL LAW
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Writ Petition claiming
de-recognition of Indian Economic Mission on disputed facts and without locus
standi or public interest is not maintainable.
CIVIL LAW
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Direction to restore
land to pond set aside where delay in filing petition and public interest in
existing park outweighed original use.
CIVIL LAW
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DRAT cannot lightly
remand matter to DRT when sufficient material exists to decide issues;
prolonged litigation warrants adjudication without remand.
CIVIL LAW
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In absence of proof of
actual damage due to land severance, claim for compensation is untenable and
arbitral award cannot be set aside.
CIVIL LAW
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Acceptance of
nomination of defaulter contrary to election law; writ under Article 226
maintainable to uphold fairness of electoral process.
CIVIL LAW
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Deregistration
under Section 21A cannot be initiated by flat purchasers; erroneous
registration must be challenged through appellate forum, not deregistration.
CIVIL LAW
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Conditional leave to
defend unjustified where triable issue is raised; direction to deposit money
set aside as onerous.