Digi - Legal Insights
CIVIL LAW
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Modification of posting
without reason-Transfer order issued post election without justification
rightly interfered with by Tribunal.
CIVIL LAW
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Delay and laches-Employment
claim filed after unreasonable delay without pursuing remedies earlier is not
entertainable.
CIVIL LAW
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Employee transferred to
another division loses seniority in new division; prospective government
resolutions do not apply retrospectively.
CIVIL LAW
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There is no inherent
right to revaluation in selection processes unless specifically provided in
policy; minimum benchmark requirements are valid.
CIVIL LAW
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Unregistered and
insufficiently stamped partition deed cannot be relied upon as secondary
evidence.
CIVIL LAW
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Access to proper
washrooms is a fundamental right under Article 21, and all courts must ensure
hygienic facilities for judges, lawyers, litigants, and staff.
CIVIL LAW
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Plaintiff failed to
establish easementary right by prescription or necessity; concurrent findings
upheld.
CIVIL LAW
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Substantive rights
under eligibility certificate cannot be revoked without notice.
CIVIL LAW
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Discretionary pension
cannot be reviewed in absence of patent illegality under Section 114 and Order
XLVII of CPC.
CIVIL LAW
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When original purpose
for which land was taken by state ceases, religious institution has a right to
seek reversion of land under governing statute.
CIVIL LAW
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Recovery notices
attempting to re-open past closed claims under a policy circular are arbitrary
and violate principle of res judicata.
CIVIL LAW
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Bonafide need and
partial eviction-When only one legal heir desires eviction, partial eviction
decree is proper.
CIVIL LAW
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Charity Commissioner
can proceed under Section 41D even if change report is pending.
CIVIL LAW
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Denial of
regularization despite eligibility under Industrial Court judgment unjustified.
CIVIL LAW
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Right to claim a refund
crystallizes at time of execution of Cancellation Deed; subsequent amendments
to Stamp Act cannot retrospectively bar claim.
CIVIL LAW
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Penal compensation
disallowed; refund ordered with 9% interest.
CIVIL LAW
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Reopening settled
rebate claims barred by res judicata; no illegality in demand notice.
CIVIL LAW
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Absence of audit
objections or specific queries on rental income in assessment proceedings
prevents reopening of case under Section 147 of Income Tax Act.
CIVIL LAW
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A Look-Out Circular
issued without specifying clear reasons is liable to be quashed.
CIVIL LAW
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Disputes arising from
contractual obligations must be resolved under civil law unless clear criminal
intent is established.