Digi - Legal Insights
SERVICE LAW
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Period of suspension of eight months should be included in Petitioners qualifying service for pension benefits, as Competent Authority did not specify otherwise.
CIVIL LAW
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Chief Justices power to appoint additional sitting places is recognized as independent and does not negate Union Governments authority under Section 51(2) of Act hence, challenge to notification dated 01.08.2025 is without merit.
CIVIL LAW
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Trial Court erred in rejecting Defendants applications and case should not proceed due to lack of legitimate cause of action hence, Plaint in Special Civil Suit is rejected under provisions of Order VII Rule 11 of CPC.
EDUCATION
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It is necessary and compelling to formulate subordinate legislation by issuing necessary rules and regulations, prescribing method and manner by which children of weaker and disadvantaged sections are to be admitted in neighbourhood schools.
PROPERTY LAW
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Appellants' agricultural lands are classified as irrigated hence, market value of acquired lands is established at Rs. 1,199 per Are, entitling claimants to compensation at that rate.
CIVIL LAW
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Once bifurcation is registered, assets and liabilities transfer automatically without needing additional approval hence, bifurcation is deemed valid, beneficial to members and reflective of cooperative laws intent to foster cooperation rather than impose hardships.
CIVIL LAW
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Impugned order to deny amendment aimed at abandoning suit against Defendant No. 5 was found inappropriate and should be overturned.
CIVIL LAW
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Agreement to sell cannot be viewed as a conveyance due to the lack of immediate possession delivery, negating need for stamp duty.
SERVICE LAW
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Pension is an enforceable right and part of employees lawful entitlements under the relevant statutes.
CIVIL LAW
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Escalation should be calculated for each R.A. Bill period and Plaintiff incorrectly interpreted Clause 56 of agreement when submitting final Bill.
SERVICE LAW
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Appointments made through Pavitra Portal aim for transparency but do not govern internal promotions.
RENT CONTROL
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Demand and acceptance of rent by landlord will not amount to waiver of right to claim eviction on account of forfeiture of tenancy.
EDUCATION
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Petitioners were not given any opportunity of hearing before cancellation of their Certificates; such highhanded action of Mamlatdar cannot be sustained.
CIVIL LAW
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Appellate Courts orders were found to contain jurisdictional errors, resulting in a decision to set aside previous judgments and direct Cooperative Court to proceed strictly according to original remand order, focusing on specified proof of documents.
CIVIL LAW
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Petitioners name was removed from electoral roll for legislative assembly constituency of Alandi Municipal Council on January 6, 2023 hence, authorities were justified in not acceding to prayer of Petitioner to include his name in voters list of Alandi Municipal Council.
SERVICE LAW
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Petitioners have made a compelling case for issuing directives to Deputy Director of Education, directing to include name of Petitioner No.1 in Shalarth System and grant Shalarth Identity to him.
SERVICE LAW
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Termination of Respondent No.4 has rightly been set aside by School Tribunal directing his reinstatement with full back wages and continuity of service.
SERVICE LAW
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Respondent-APMCs late dispute over birth date appears to be an attempt to deny Petitioner his entitled service benefits after retirement hence, Respondent-APMC is directed to pay service benefits to Petitioner.
SERVICE LAW
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It is established that Petitioner No.1 was not formally appointed to Geography position but was given an additional charge for it hence, impugned order is deemed to be based on incorrect facts and is therefore subject to being quashed.
SERVICE LAW
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Municipal Corporations service rules provide for an upgrade after seven years of continuous service, which constitutes a vested right of employee that cannot be revoked without a valid amendment hence, Respondents cannot circumvent this by using a Government Resolution without amending rules directly.