Digi - Legal Insights
CIVIL LAW
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Rejection of plaint
under Order VII Rule 11 must be reasoned and cautious; non-consideration of
material averments renders order unsustainable.
CIVIL LAW
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Cancellation of NOC for
mobile tower installation without hearing and based on unsubstantiated
radiation fears is arbitrary and unsustainable.
CIVIL LAW
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Protective relief under
Section 9 cannot be used to evict statutorily protected tenants under guise of
redevelopment; no relief granted.
CIVIL LAW
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Petitioner was
appointed as legal guardian, being one of the legal heirs of her mother who
suffers from dementia and severe cognitive impairment and medical reports, show
no impediment for Petitioners to appoint Petitioner as legal guardian for her
mother.
CIVIL LAW
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Rejection of third
child adoption without considering special circumstances and power to relax
under Regulation 63 is arbitrary; matter remanded for reconsideration. 2024
DGLS(Del.) 269 dis.
CIVIL LAW
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Jama Masjid Trust is
not a private trust; falls within jurisdiction of Waqf Board and Waqf Tribunal
under Waqf Act.
CIVIL LAW
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FASTag policy imposing
double fee for non-compliance is rational and not arbitrary; no interference
warranted.
LIMITATION
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Respondents are not protected licensees and therefore, lawsuit filed in 1991 is within limitation period thus, appeal Courts assertion that suit was barred by limitation was incorrect.
PROPERTY LAW
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Plaintiff-firm has failed to establish cause of action against Defendants for claiming title by adverse possession, leading to rejection of Interim Application.
PROPERTY LAW
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Competent Authoritys impugned order set aside as it violated fundamental judicial principles by not providing an effective hearing opportunity for Petitioner and neglecting required inquiry as per Section 11(4) of MOFA.
PROPERTY LAW
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Only because one Defendant signed written contract and given nature of property as ancestral joint family property, specific performance of contract could not be enforced against all Defendants.
CIVIL LAW
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Fraud
and impersonation in obtaining license vitiates order; constitutional powers
invoked to uphold rule of law.
CIVIL LAW
Details
Petition dismissed as
petitioner failed to come with clean hands and made unsupported allegations
about planning report.
CIVIL LAW
Details
Powers of Executive or
District Magistrate in taking affidavits or administering oaths are similar to
those of Notary under Act-However, person who does not intend to state on oath
can state something on affirmation.
CIVIL LAW
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MRT order under
Sections 32P & 32R of Bombay Tenancy Act set aside as it wrongly presumed
voluntary surrender without tenant un derstanding legal rights.
CIVIL LAW
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MRT order under
Sections 32P & 32R of Bombay Tenancy Act set aside as it wrongly presumed
voluntary surrender without tenant un derstanding legal rights.
CIVIL LAW
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Repeatedly rejected
claim of protected tenancy cannot be revived; fraudulently obtained orders
confer no rights
CIVIL LAW
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Unregistered documents
cannot be discarded at interim stage; prima facie possession supports grant of
injunction.
CIVIL LAW
Details
Ambiguity in time stipulation
and execution justifies denial of specific performance; Trial Courts decree
restored. 2021 DGLS(SC) 671 distinguished.
PROPERTY LAW
Details
Termination of
developer under Section 13(2) of Maharashtra Slum Act requires prior notice to
landowner whose rights may be affected.