Digi - Legal Insights

Petitioners are entitled for reimbursement of such amount of fees as is provided under Government Resolution dated 20-09-2019.

50% of service rendered as Part Time Librarian is liable to be reckoned for purpose of computing qualifying service for pension, along with entire service rendered as a full time employee hence, impugned order passed by respondent no.2, denying benefit of Old Pension Scheme to petitioner is quashed and set aside.

Impugned judgment passed by Additional Sessions Judge is quashed and modified, convicting appellant under Section 304 Part II of IPC and sentencing him to time already served and conviction under Section 30 of Arms Act, 1959 is upheld.

Extensions granted were unjustifiable and violated procedural mandates and as a result, court asserted its jurisdiction to challenge validity of development plan, stressing that adherence to law is a fundamental duty of executive.

Controlling Authority was justified in entertaining respondents application and setting aside impugned order to extent of forfeiture of gratuity.

Given substantial time elapsed since prosecution began in 2015, remanding case for legal sanction was unnecessary therefore, appeal was granted and preceding judgment was set aside.

Due to long-standing possession and recorded transactions, ownership claims cannot be challenged after nearly 50 years hence, Deputy Collector and Maharashtra Revenue Tribunals decisions were affirmed as legally sound.

Respondent No.2/Scrutiny Committee has committed error while passing impugned order thereby invalidating tribe claim of petitioner of belonging to ‘Thakur’ Scheduled Tribe.

Deputy Collector and Maharashtra Revenue Tribunal did not adequately recognize heritability of tenancy rights or lack of valid surrender, rendering their decisions unsustainable hence, order passed by Tahsildar granting relief in favour of Petitioners stands restored.

Impugned Judgment of acquittal could not withstand legal scrutiny and should be set aside, restoring Criminal Appeal No. 07/2019 for lawful consideration.

Significant gap occurred between alleged demands for money and suicide, implying FIR was filed with ulterior motives and proceeding with case would constitute an abuse of legal process hence, impugned FIR registered for alleged offences, set aside.

Evidence presented by prosecution led to conviction of applicant and bail was denied, overturning presumption of innocence.

Possibility of false implications against applicant is acknowledged, though this observation is solely for current application and will not affect other court proceedings hence, applicant shall be released on bail.

Reference Courts decision during land acquisition trial demonstrated that opinion formed was based on detailed inquiry, not finding of guilt therefore, court does not need to conduct preliminary inquiry before taking action under Section 340, focusing instead on expediency of justice.

Petitioner should not be deprived of service benefits due to delayed certificate validation and clauses in Administrative Circular No.446 (2013) were declared arbitrary, entitling Scheduled Caste/Scheduled Tribe employees to higher grade pay from date they are due, not contingent on certificate validation.

Petitioner, having received his tribe validation certificate after retirement, is entitled to service benefits that were previously withheld due to absence of this certificate.

Findings of Tribunal that both car driver and Loco Pilots were negligent to cause accident needs to be upheld however, Railways is held responsible for accident @ 75% and car driver is held responsible for accident @25%

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.

Assistant Registrar acted correctly in permitting amendment of bye-laws under Section 12 of Societies Registration Act and Assistant Charity Commissioner also properly accepted change report regarding this amendment.

Termination of Petitioners services as a Junior Engineer due to absence of a caste validity certificate is deemed unsustainable and will be quashed directing Caste Scrutiny Committee is directed to decide caste claim of petitioner as expeditiously as possible within period of two month.