Digi - Legal Insights
CIVIL LAW
Details
Writ petition dismissed
as SEZ benefits were rightly denied for non-fulfillment of specific licensing
conditions.
CIVIL LAW
Details
Dispute before
Co-operative Court not maintainable due to SARFAESI action and non-joinder of
bank as necessary party.
CIVIL LAW
Details
High Courts must ensure
construction of separate, accessible washroom facilities in all judicial
premises for all persons.
CIVIL LAW
Details
Filing
of application under Section 10 CPC not maintainable to stay Consumer
Commission proceedings as Consumer Commission is not Civil Court.
CIVIL LAW
Details
Small Causes Court has
no jurisdiction in title-based suits; plaint to be returned under Order VII
Rule 10 CPC.
CIVIL LAW
Details
Civil Court has
jurisdiction unless expressly barred; virtual business transactions warrant liberal
jurisdictional view. 1971(1) S.C.C. 721.
CIVIL LAW
Details
Plaint was rejected due
to lack of cause of action and suit being barred by limitation.
CIVIL LAW
Details
Challenge to rejection
of nomination paper dismissed as no legal error or violation of mandatory
provisions shown.
CIVIL LAW
Details
Pendency of proceedings
before NCLT, which pertains to legality of company’s dissolution, cannot be
construed as a fetter on statutory right of flat purchasers to seek
registration of a society.
CIVIL LAW
Details
In absence of specific
power reserved in scheme, application for modification of scheme was not
maintainable before District Judge as persona designata.
CIVIL LAW
Details
Writ petition
challenging order under Section 142 Maharashtra Prohibi tion Act held
maintainable before High Court under constitutional remediesy.
CIVIL LAW
Details
Use of names causing
confusion with public figures justifies continuing ad-interim injunction to
protect rights.
CIVIL LAW
Details
Unaided minority
institutions must comply with AICTE norms and pay as per statutory affiliation
conditions.
CIVIL LAW
Details
Petitioner held
entitled to parity of wages where contract workers performed same work as regular
employees; failure of employer to disprove claim.
CIVIL LAW
Details
Mere failure by
Tahsildar in not sending copy of actual requisition to Sarpanch or Upa-Sarpanch
would not invalidate validly adopted motion of no-confidence. 2004(Supp.2)
Bom.C.R. 1031 rel.on.; (2018)5 Bom.C.R. 570; (2003)2 Bom.C.R. 239(A.B.);
2002(Supp.2) Bom.C.R. 755(A.B.) dis.
CIVIL LAW
Details
Appeal under Section 39
of Maharashtra Village Panchayats Act, 1959 must be decided within time;
guidelines to expedite disposal of Panchayat disqualification cases.
CIVIL LAW
Details
Order without show
cause and reasons violates principles of natural justice and proportionality;
set aside.
CIVIL LAW
Details
Civil Court must
examine statutory remedy exhaustion before granting injunction in illegal
construction cases.
CIVIL LAW
Details
Insurance policy terms
strictly construed; claim for death of Secu rity Guard rejected as policy only
covered cleaners/supervisors.
CIVIL LAW
Details
Compensation enhanced
after recalculation of salary, future pros pects, and dependency; insurer and
employer held jointly liable