Digi - Legal Insights
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.
CIVIL LAW
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Registered title v.
unregistered interest-Later registered sale prevails over earlier unregistered
equitable mortgage.
CIVIL LAW
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Corrigendum altering
land area-Competent Authority cannot expand conveyance area under garb of
corrigendum.
CIVIL LAW
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Rejection of a
promotion appeal without recording reasons violates requirement of due
consideration and application of mind by appellate authorities.
CIVIL LAW
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Petitioner entitled to
7th Pay Commission scale for Class III; appointment effective from vacancy date.
CIVIL LAW
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Encroacher must be
given hearing before eviction; order without hearing set aside.
CIVIL LAW
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Family members cannot be excluded from ancestral
property rights unless a valid partition is proved with documentary evidence.
CIVIL LAW
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Failure to allow
appellants to lead evidence after permitting filing of written statement
amounts to legal error; matter remanded.
CIVIL LAW
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No right to hearing
arises if objections not filed within prescribed time.
CIVIL LAW
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Two-year immunity
period runs from date of election of first Sarpanch.
CIVIL LAW
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Two-year immunity from
a no-confidence motion applies to all elected Sarpanches irrespective of
sequence in office.
CIVIL LAW
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hallenges to municipal
tax assessments must be raised through statutory remedies before invoking writ
jurisdiction.
CIVIL LAW
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Criminal courts
deciding maintenance under CrPC cannot declare a marriage null and void; such
matters require adjudication by a competent Civil Court.
CIVIL LAW
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Failure of municipal
authorities to act against illegal constructions amounts to dereliction of duty
and invites judicial intervention.
CIVIL LAW
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Interlocutory orders of
an Arbitral Tribunal cannot be challenged under Article 227 of Constitution.
CIVIL LAW
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Execution of a decree
must be filed within 12 years; filing beyond limitation period renders
execution petition not maintainable.
CIVIL LAW
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Lease extension and
premium waiver-Discretion to waive additional premium must balance equities;
waiver partly allowed.