Digi - Legal Insights

Under the Andhra Pradesh Land Grabbing (Prohibition) Act, once applicant proves prima facie ownership, burden shifts to alleged grabber, and unauthorised possession without lawful entitlement constitutes land grabbing.

Injunction cannot be granted to restrain owner from redevelopment when tenancy rights are disputed and balance of convenience favors owner, as such disputes require trial-level scrutiny.

Central Excise - Circular No. 35/2010-Cus. Clarifying simultaneous entitlement to 1%AIR customs drawback and excise rebate under Rules 18/19(2) is retrospective, applying from 2016 onwards.

When dismissal for proved misconduct is upheld but similarly placed workers were earlier compensated, compensation in lieu of reinstatement may be granted to ensure parity, without backwages or service benefits.

Absorbed employees of electricity distribution co-operative societies are entitled to MPSEB pension from date of absorption, but pre-absorption society service is not pensionable under Madhya Pradesh Pension Rules.

Appointment made without prior roster approval and in violation of reservation norms under the 2001 Act is void, and approval cannot be granted to such irregular appointment in a private school.

Refusal to accept registered post triggers presumption of service under Section 27 of the General Clauses Act, and a declaratory suit filed beyond three years from acceptance of resignation is barred by limitation under Article 58.

Central Government, as competent authority, may reject voluntary retirement of All India Service officers for lack of vigilance clearance or pending disciplinary proceedings, irrespective of the State Governments view.

Minimum service period clause with stipulated damages in public sector employment is a reasonable safeguard, not a restraint of trade, and is valid under Sections 23 and 27 of the Contract Act.

Junior Field Officers under carpet scheme not redesignated as Handicrafts Promotion Officers upon scheme closure, and Modified Assured Career Progression financial upgradation is valid alternative to promotional channel.

Once Central Armed Police Forces are declared as Organised Group A Services, all consequential benefits must follow, and such status cannot be restricted only to Non-Functional Financial Upgradation.

Personnel retired or released from Indian Military Nursing Service qualify as ex-servicemen under Punjab Recruitment of Ex-Servicemen Rules, 1982 and are entitled to notional service benefits without backwages.

Legal representatives can continue eviction proceedings for their own bona fide need, and where comparative hardship favors landlord, long-standing tenant’s eviction is justified.

In case of policy breach due to drivers lack of valid licence, insurer must first satisfy award and then recover from owner, with compensation computed including 40% future prospects and conventional heads.

Condonation of delay in filing appeal under IBC - Limitation for appeal under Section 61(2) of IBC runs from date of uploading of NCLT order, and delay without sufficient cause cannot be condoned.

MSMED Act - Limitation Act not applicable to conciliation under Section 18(2) - Time-barred claims can be referred for conciliation - Limitation applies only to arbitration under Section 18(3) - Appeals partly allowed.

Issue of limitation  - Limitation being a mixed question of law and fact cannot be decided as a preliminary issue under Section 9A CPC, and evidence recorded on it must be retained for consideration at final adjudication.

Limitation for appeal in Commercial Matters - Runs from pronouncement of judgment, and negligent inaction in obtaining certified copy bars condonation of delay under Section 5 of the Limitation Act.

Director of Technical Education cannot override statutory Boards certification that HSSC passed via Form No.17 satisfies 10+2 pattern, making candidate eligible for Diploma in Pharmacy admission.

Income Tax Returns are reliable statutory evidence for assessing deceaseds income, and compensation cannot be reduced merely because the return was filed after the accident.