Digi - Legal Insights
CIVIL LAW
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Amendments to Section 52 do not exhibit arbitrariness as claimed and serve larger interest of spouses, respecting historical marital principles under Portuguese Civil Code.
SERVICE LAW
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Petitioner will have to be issued an appointment letter to post of Junior Engineer (Civil) by Public Works Department, effective from same date as other candidates in recruitment process, with all consequential benefits.
PROPERTY LAW
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Claimants are entitled to compensation of Rs. 6,516 per Are for acquired lands, inclusive of prior compensation and statutory benefits under Act.
CIVIL LAW
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Declaratory relief is necessary to clarify civil rights of parties regarding suit property therefore, leave to amend suit was granted to address main controversy of ownership declaration, despite plaintiffs late amendment.
SERVICE LAW
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Respondent No. 2 is directed to substitute name of Petitioner No. 2 in place of Petitioner No. 1 for purpose of compassionate appointment and if at all, there would a suitable vacancy available, Respondent No. 2 shall proceed to consider case of Petitioner No. 2 accordingly.
PROPERTY LAW
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Petitioner was not afforded an opportunity for hearing, violating natural justice principles hence, Mutation Entry putting encumbrances on land bearing Gat No.208 and Gat No.166 owned and possessed by Petitioner is quashed.
CIVIL LAW
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Compromise decree passed in Lok Adalat is quashed and Trial Court shall proceed with suit in accordance with law, after giving opportunity to all concerned parties.
SERVICE LAW
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Disciplinary authority cannot initiate second inquiry without addressing previously submitted inquiry report, as mandated by Rule 9 of Rules and if dissatisfied with earlier report, authority must either remit it for further inquiry or record its reasons for disagreement, allowing petitioner to respond.
ARBITRATION
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Reference to arbitration is necessary to address multiple disputes effectively hence, Former Judge of High Court is appointed as sole Arbitrator to adjudicate upon disputes and differences between parties.
PROPERTY LAW
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Stop work notice and rejection of Occupation Certificate on grounds of an absent NOC were ruled as arbitrary and illegal.
MOTOR ACCIDENT COMPENSATION
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MACT is directed to recompute total compensation accordingly, taking into account these factors within period of 6 weeks.
ARBITRATION
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Respondent must maintain Bank Guarantee No. 00040100008747, issued by Axis Bank Limited on 21 August 2015, for USD 9,710,490, EUR 529,370, and INR 52,42,50,100 and if guarantee expires for any reason, Respondent is required to provide new equivalent bank guarantee in favor of Petitioner for same amounts.
ARBITRATION
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Case establishes that there is an arbitration agreement between the parties hence, Advocate of High Court is appointed as Sole Arbitrator to adjudicate upon disputes and differences between parties arising out of Tax Invoices.
CIVIL LAW
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Deceased was a bonafide passenger and accident was on account of an “untoward incident†hence, Original applicants are directed to lodge claim for receipt of compensation of Rs.4,00,000/- along with interest @ 6% per annum from date of accident till date of realization, subject to a cap of Rs.8,00,000/-.
PROPERTY LAW
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Impugned orders are well-reasoned and consider Petitioners' documents and arguments hence, unauthorized structures are deemed liable for demolition as illegality cannot be cured.
CIVIL LAW
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If Petitioner is in a position to demonstrate before Committee that Dattaguru is her blood brother, then obviously Committee is bound to issue a certificate of validity in her favour.
PROPERTY LAW
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An Inspection Report validated existence of unauthorized structure, observable from public areas, leading to conclude that appellants did not meet necessary criteria for interim relief.
ARBITRATION
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Interim Applications by third parties without contract privity with DA are dismissed without intervention in Section 9 Petition.
SERVICE LAW
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Petitioner is to be reinstated immediately, receiving all promotions and benefits due, with a mandate for Respondents to expedite her case within four months.
RENT CONTROL
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No case is made out for interference in concurrent findings recorded by Trial and Appellate Courts on issue of unlawful subletting.