Notional income, future
prospects, and non-pecuniary losses must be appropriately accounted for in
calculating compensation.
Amount received under
mediclaim policy not de ductible from compensation awarded under Section 166.
Deed executed in breach of prior mortgage and
without NOC is voidable; no second charge rights accrue to appellant.
Courts below rightly
treated transaction as mortgage by conditional sale and alternate plea of
specific performance was unjustified.
Order granting
maintenance to wife under Section 125 CrPC upheld; husbands income and neglect
to maintain wife proved.
Order of Minister set
aside as perverse and contrary to Rule 28 of Maharashtra Country Liquor Rules
which gives exclusive power to Collector to transfer license.
MACT award for death
claim modified; insurance companys liability restricted to policy terms;
interest awarded at 8% p.a.
Mutation entries restored
as deletion of petitioners name without no tice violated natural justice and
Revenue Code provisions.
Mutation entry deleted
without notice to petitioner; order of Naib Tahsildar set aside for violation
of natural justice and due procedure.
Disputed title and
compensation apportionment issues must be decided in civil suit; writ remedy
not maintainable.
Disbursement without
adjudication of prima facie claims is improper; SDO must refer apportionment
disputes
Constitutional validity
of PMP Act upheld as it only acquires right of user (not land) and reasonable
classification for compensation exists.
Compensation modified to 60% per sq. ft. with 20%
deduction towards development charges following parity with coordinate bench
decision.
Compensation upheld as
Reference Court rightly applied income capitalization method and disbelieved
claim of irrigated land.
Award upheld as
petitioner failed to prove right over land or legiti mate expectation based on
prior compromise.
Order rejecting
compensation claim for additional land without verifying title is without
jurisdiction.
Daily wagers working
for decades in civic functions entitled to regularisation; Corporation must act.
Removal from muster
roll due to abandonment of work amounts to voluntary resignation, not
retrenchment.
Workers of NEERI entitled to equal pay for equal
work as per Rule 25(2)(v)(a) CLRA Rules and based on factual findings.
Tribunal has
jurisdiction to award interest on delayed implementation of Award under Section
33C(2) of ID Act.
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