Digi - Legal Insights
CIVIL LAW
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No error in impugned judgment and decree passed by Principal District Judge modifying decree passed by Trial Court, setting aside relief of permanent injunction and dismissing suit in its entirety.
CIVIL LAW
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Nala/drain related to property was altered by petitioners, obstructing water flow, thus invalidating petitioners’ claims hence, actions taken comply with DM Act procedures.
CIVIL LAW
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Plaintiffs did not demonstrate readiness to perform their contractual obligations, as they delayed action from 1977 until suit was filed in 2010, indicating lack of urgency in fulfilling their part of agreement hence, Appellate court appropriately reversed Trial Courts findings based on these failures.
CIVIL LAW
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Respondents are duty-bound to honour their promise and to release pending subsidy claims of Petitioner.
PROPERTY LAW
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There is no perversity or jurisdictional error therefore, in limited revisional jurisdiction under Section 115 of CPC, it is not possible to re-appreciate evidence and come to contrary conclusion.
CIVIL LAW
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Investigating Officer of MCGM is to determine rateable value of vacant land under construction and Small Causes Courts decisions are upheld and MCGM is entitled to recover water charges, but not sewerage charges.
SERVICE LAW
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Petitioner is entitled to reinstatement in his former position with full back wages from 22.07.2019, along with interest at 9% per annum.
SERVICE LAW
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Petitioner was afforded multiple opportunities to attend disciplinary proceedings but failed to respond to several communications regarding reporting back to duty, leading to his unauthorized absence since March 19, 2020 hence, impugned order compulsorily retiring Petitioner from service does not suffer from any infirmity.
CIVIL LAW
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Petitioners have duly established that they belong to "Dhoba" Scheduled Tribe hence, Respondent No. 2 Scheduled Tribe Certificate Scrutiny Committee, is directed to issue validity certificates of "Dhoba" Scheduled Tribe to Petitioners.
MOTOR ACCIDENT COMPENSATION
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MACTs award did not require intervention and 40% of awarded amount has been deposited, allowing Respondent to withdraw it along with interest and Appellant is required to pay remaining amount and interest to Respondent within three weeks.
RENT CONTROL
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Judgment and decree granting eviction is confirmed and Respondent or anybody claiming through or under him is directed to handover vacant and peaceful possession of suit premises to Applicants within period of 8 weeks.
PROPERTY LAW
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Plaintiff has not appropriately claimed rights under relevant administrative orders regarding Gat Nos. 952 and 948 and therefore, additional evidence related to these properties will not be admitted, as plaintiff lacks clear title or exclusive rights.
RENT CONTROL
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Absence of any formal surrender agreement indicates that tenancy remains intact, despite landlords long-term possession for political purposes hence, impugned judgment passed by trial Court stands confirmed.
SERVICE LAW
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Respondent no.4 Education Officer shall issue corrected approval order in name of Petitioner reckoning his services on regular pay scale applicable to Assistant Teacher w.e.f. 01.10.2021, within a period of 08 weeks and shall release salary dues.
CIVIL LAW
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Respondent No. 2 has acted in breach of order and undertaking hence, Respondent No. 2 shall continue as Agent of Court Receiver only upon execution of fresh Agency Agreement, furnishing security and payment of compensation/monthly royalty in accordance with directions.
CIVIL LAW
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Respondent has not taken any steps to advance agreement, which did not specifically benefit him, without any other supporting documents, he cannot claim rights to open land or constructed area.
ARBITRATION
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Considering valid arbitration agreement stated in Working Capital Demand Loan Agreement dated August 2, 2018, dispute is referred to arbitration, with an arbitrator to be appointed by parties as per Arbitration Act.
CIVIL LAW
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Plaintiffs inaction reflected an abuse of legal process and consequently directed that Commercial suit be kept in abeyance while mandating both parties to pursue mediation within three months, extendable by two months if necessary.
PROPERTY LAW
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Declaration under Section 6 of Act was last published on 2nd May 2010, requiring award to be issued by 1st May 2012 however, it was passed on 7th May 2012, exceeding two-year limit, indicating that Section 11A of Act applies and land acquisition proceedings are consequently lapsed.
CIVIL LAW
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Impugned order passed by Respondent No. 2-Collector disqualifying Petitioners from posts of Sarpanch and Members of Gram Panchayat Kshetra Mahuli, is set aside.