Digi - Legal Insights
CIVIL LAW
Details
Interim relief under Section 9 cannot be granted to
sustain agreements contrary to FDI regulations and public policy.
CIVIL LAW
Details
Limitation for execution
of award runs from date of award under Article 136; application filed in 2023
is time-barred.
CIVIL LAW
Details
Application for
appointment of arbitrator dismissed as CPC does not apply and individual
agreements require separate proceedings.
CIVIL LAW
Details
Section 9 petition
disposed with liberty to seek relief before tribunal under Section 17 where
dues, third-party use, and escalation terms need assessment.
CIVIL LAW
Details
Additional award is
valid if conditions of Section 33(4) are met and setting aside such award
separately is legally erroneous.
CIVIL LAW
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False claim of
qualification and suppression of facts disentitles candidate from appointment
consideration.
CIVIL LAW
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Removal from committee
without evidence of misconduct is unsustainable and violative of fairness.
CIVIL LAW
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Project, in public
interest, must progress without interruption and intervention of Court in such
cases should be minimal.
CIVIL LAW
Details
Retrenchment effected
without following statutory procedure under Section 25F amounts to violation
despite absence of mala fides.
CIVIL LAW
Details
Show cause notices with
arguable issues cannot be quashed at pre-adjudication stage; statutory remedies
must be exhausted first.
CIVIL LAW
Details
Distance education MBA
equivalent to regular MBA cancellation set aside.
CIVIL LAW
Details
A teacher upgraded to
an aided establishment after three years of unaided service is entitled to
salary proportionate to 40% grants until completing six years, after which full
approval must be granted.
CIVIL LAW
Details
Tenant cannot challenge
eviction based on unsubstantiated claims of business dealings unrelated to
tenancy rights.
SERVICE LAW
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Only those certified as not part of Creamy Layer by specified date qualify for OBC benefits and State Government revisit three-year validity rule for OBC Certificates, suggesting that it undermines certificates intended purpose due to potential income changes over time.
SERVICE LAW
Details
Order of termination unsustainable due to absence of a domestic inquiry amid serious allegations and criminal proceedings.
PROPERTY LAW
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Superintendent of Land Records was justified in correcting clerical error regarding land area in Scheme and corrections were supported by objective material and addressed a defect arising from original Scheme's non-enforcement as per Act.
CIVIL LAW
Details
Export subsidy under separate schemes-Petitioner eligible
for subsidy under distinct scheme; no double benefit arises.
CIVIL LAW
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Sale
agreement liable for stamp duty; document rightly impounded.
CIVIL LAW
Details
No separate
notification required if slum is already censused; no legal infirmity in
project.
CIVIL LAW
Details
Regularization and
parity of Special APPs-Contractual appointees not entitled to regularization,
but deserve parity in honorarium and dues.