Digi - Legal Insights
CIVIL LAW
Details
Excess tax adjustment
beyond 20% of demand is unjustified and refund must be made promptly per
Instruction 1914.
CIVIL LAW
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Educational activities
of public university are not commercial; show cause notice for GST demand lacks
jurisdiction
CIVIL LAW
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Competent Authoritys
grant of deemed conveyance barred by res judicata; fresh challenge must be
adjudicated on merits.
CIVIL LAW
Details
Promoter cannot delay
deemed conveyance relying on RERA; MOFA continues to apply to pre-RERA
agreements.
CIVIL LAW
Details
Application for
execution filed beyond 12-year limitation under Article 136 is barred and not
maintainable.
CIVIL LAW
Details
Appointment of
Returning Officer proper where pay-scale matches criteria and allegations lack
evidence.
CIVIL LAW
Details
Removal of woman
Sarpanch without clear proof of notice and legal understanding of her rural
context is unjust.
CIVIL LAW
Details
Deregistration
without proof of fraud or misrepresentation violates purpose and scheme of
co-operative laws.
CIVIL LAW
Details
Compensation to be
calculated on basis of deceaseds latest ITRs and age based deduction; insurer
and owner jointly liable.
CIVIL LAW
Details
Evidence
shows that accident was occurred due to negligence of Bus Driver-Bus Driver was
examined by Appellant, so non-impleadment of Bus Drivers testimony has no
merit.
CIVIL LAW
Details
Insurer not liable
where deceased was unauthorized rider; can recover compensation from owner
after payment to claimants
CIVIL LAW
Details
Petitioners challenge
to seizure of gold under Customs Act rejected as prin ciples of natural justice
and proper procedure were followed.
CIVIL LAW
Details
Jurisdictional
objection not raised at first appeal stage cannot invalidate SCDRC’s decision
by Single Member.
CIVIL LAW
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Court Receiver can be
appointed to enforce decree where obstructionist uses fraudulent documents.
CIVIL LAW
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Compromise decree does
not override prior contract; specific performance may still be enforced.
CIVIL LAW
Details
Question of locus
standi should be based on facts before Commercial Appellate Court, not on
extraneous documents.
CIVIL LAW
Details
Stay under Section 10
CPC not applicable to parallel proceedings before Consumer Commission as it is
not a Civil Court.
CIVIL LAW
Details
Scrutiny Committees
rejection of caste claim upheld as based on interpolated documents and proper
appreciation of record.
CIVIL LAW
Details
Doctrine of no work no
pay applies where petitioner failed to plead or prove lack of gainful
employment.
CIVIL LAW
Details
Chunnilal Hariji Pardhi
Transfer of derecognized school upheld as per new GR permitting Statewide
transfer, superseding earlier 10 km limitation.