If there is no adjudication on caste claim of Petitioner during his service tenure, it cannot withhold pension of employee-petitioner.
There has been no resolution passed by Respondents to create a permanent post hence, Petitioners are not entitled to permanent employment relief.
Services of Respondent-employee are terminated by way of compulsory retirement after holding enquiry against him hence, Respondent No.1 is not entitled to receive gratuity.
Impugned judgment is modified to extend that Respondent nos.1 and 2-claimants are entitled for compensation of Rs.6,92,000/- instead of Rs.5 lakh for acquisition of land, with all statutory benefits.
Pension is not a matter of charity or discretion, it is a legal right to which the employee is entitled on account of his long and dedicated service.
Legal heirs of deceased, particularly of tribal community, are entitled for equal share in suit property.
As Trial Court neglected to determine issue which is crucial and restricts sale of agricultural land to non-agriculturists, but does provide exceptions, justifying remand of matter to trial court.
Conditions imposed for granting leave should be reasonable and not create undue financial burdens, especially when a valid defense is raised.
Parties have freedom to negotiate new terms or adhere to previous conditions during renewal hence, argument that perpetual lease can only be treated as rent renewal agreement is rejected.
Defendant has no basis for compensation claim under Section 64 of Act, as he effectively relinquished his status as licensee during proceedings without citing other legal grounds for such a claim hence, impugned order needs to be upheld.
Sale in breach of
exemption conditions under Section 20(1)(b) is illegal; no writ interference
warranted despite mistaken reference to Section 5(3).
IB Code is special
legislation that allows NCLT to pass orders prohibiting parties from initiating
proceedings while moratorium period is in effect.
Non-compliance with
Section 15(2) of 2013 Act vitiates acquisition process; Collector must consider
objections and submit report before notification.
In absence of proof of
actual damage due to land severance, claim for compensation is untenable and
arbitral award cannot be set aside.
Jama Masjid Trust is
not a private trust; falls within jurisdiction of Waqf Board and Waqf Tribunal
under Waqf Act.
Powers of Executive or
District Magistrate in taking affidavits or administering oaths are similar to
those of Notary under Act-However, person who does not intend to state on oath
can state something on affirmation.
Ambiguity in time stipulation
and execution justifies denial of specific performance; Trial Courts decree
restored. 2021 DGLS(SC) 671 distinguished.
Filing
of application under Section 10 CPC not maintainable to stay Consumer
Commission proceedings as Consumer Commission is not Civil Court.
Small Causes Court has
no jurisdiction in title-based suits; plaint to be returned under Order VII
Rule 10 CPC.
Plaint was rejected due
to lack of cause of action and suit being barred by limitation.
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