Digi - Legal Insights
CIVIL LAW
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Service Law –
Termination order set aside for breach of natural justice as petitioner was not
informed of proposed punishment or given chance to respond.
MOTOR ACCIDENT COMPENSATION
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Claimants are entitled to an enhanced compensation amount of ₹ 27,68,711/- plus 7% interest from claim petition date, a modification from previous amount of ₹ 7,56,070/-.
RENT CONTROL
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Tenant cannot evade statutory obligations through Clause 5 and Municipal Corporations inaction cannot fault landlady thus, Appeal Courts interpretation regarding permanent alterations and damages to premises is unsustainable.
SERVICE LAW
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Petitioner is unfit for selection due to physical demands of roles requiring candidates to be physically fit hence, impugned order passed by Respondents held proper.
CIVIL LAW
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Appellant had operated ration shop without contest and had received renewed approval with no complaints against them hence, appeal was deemed to be resolved in favor of Appellant, ensuring equal treatment for all Applicants.
CIVIL LAW
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Case is remitted to Committee for reevaluation regarding caste validity certificate, with a directive that if Petitioner proves first cousin brother of Petitioner relation, Committee will make a decision based on relevant criteria.
CIVIL LAW
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Petitioners claim was invalidated based on affinity test; however, given Petitioners blood brothers certification and proper enquiry conducted, Petitioners claim deserves acceptance.
CIVIL LAW
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Under provisions of Act and Rules, strict compliance with procedure, this is prescribed with object of arresting unscrupulous and improper practices in matter of resignation of elected representatives.
CIVIL LAW
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Deputy Registrar acted without jurisdiction in including these individuals in registration proposal and ordering maintenance bills in their names, rendering orders from December 2022 and 2023 illegal.
CIVIL LAW
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Respondent no. 3 is not protected by a "grandfathering" provision regarding his classification due to absence of legal basis for continued discrimination against him.
CIVIL LAW
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Society is permitted to charge twenty-one percent interest based on its bye laws and Petitioners failed to demonstrate any legal barrier against this rate hence, no valid ground to set aside judgment and order passed by authorities.
SERVICE LAW
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Petitioner should not be held accountable for irregularities committed by Management, as he has faced prolonged financial instability based on promises of regular salary thus, blame lies with Management for these deficiencies.
SERVICE LAW
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Petitioners having repeatedly obtained benefits contrary to binding orders and undertakings cannot seek equitable relief.
SERVICE LAW
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Respondents are required to increase Petitioners salary to match junior associate professor as of 01.09.2008, without discrimination based on junior associate professor Ph.D. status.
SERVICE LAW
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No evidence of discrimination or arbitrariness was found, as all candidates without ANM qualifications were disqualified hence, Petitioner, not possessing essential qualification of ANM, has been rightly excluded from consideration.
EDUCATION
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Impugned order regarding cancellation of an examination centre lacks clarity and detail regarding nature of malpractice therefore, institutional penalties should be proportionate and evidence-based, thus allowing for regulatory directions to reinforce examination integrity while ensuring student welfare.
SERVICE LAW
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Policy decisions regarding recruitment, such as setting eligibility criteria and disqualifications, are primarily employers responsibility and are subject to constitutional validity and Courts do not function as appellate authorities over these policy choices.
SERVICE LAW
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Court cannot modify Government Resolutions operative date unless arbitrariness or illegality is shown under Article 226 of Constitution.
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.