Digi - Legal Insights
SERVICE LAW
Details
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
Details
Trial Court erred in rejecting Defendants applications and case should not proceed due to lack of legitimate cause of action hence, Plaint in Special Civil Suit is rejected under provisions of Order VII Rule 11 of CPC.
PROPERTY LAW
Details
Appellants' agricultural lands are classified as irrigated hence, market value of acquired lands is established at Rs. 1,199 per Are, entitling claimants to compensation at that rate.
CIVIL LAW
Details
Once bifurcation is registered, assets and liabilities transfer automatically without needing additional approval hence, bifurcation is deemed valid, beneficial to members and reflective of cooperative laws intent to foster cooperation rather than impose hardships.
CIVIL LAW
Details
Impugned order to deny amendment aimed at abandoning suit against Defendant No. 5 was found inappropriate and should be overturned.
CIVIL LAW
Details
Agreement to sell cannot be viewed as a conveyance due to the lack of immediate possession delivery, negating need for stamp duty.
SERVICE LAW
Details
Pension is an enforceable right and part of employees lawful entitlements under the relevant statutes.
CIVIL LAW
Details
Escalation should be calculated for each R.A. Bill period and Plaintiff incorrectly interpreted Clause 56 of agreement when submitting final Bill.
SERVICE LAW
Details
Appointments made through Pavitra Portal aim for transparency but do not govern internal promotions.
RENT CONTROL
Details
Demand and acceptance of rent by landlord will not amount to waiver of right to claim eviction on account of forfeiture of tenancy.
EDUCATION
Details
Petitioners were not given any opportunity of hearing before cancellation of their Certificates; such highhanded action of Mamlatdar cannot be sustained.
CIVIL LAW
Details
Appellate Courts orders were found to contain jurisdictional errors, resulting in a decision to set aside previous judgments and direct Cooperative Court to proceed strictly according to original remand order, focusing on specified proof of documents.
CIVIL LAW
Details
Petitioners name was removed from electoral roll for legislative assembly constituency of Alandi Municipal Council on January 6, 2023 hence, authorities were justified in not acceding to prayer of Petitioner to include his name in voters list of Alandi Municipal Council.
SERVICE LAW
Details
Petitioners have made a compelling case for issuing directives to Deputy Director of Education, directing to include name of Petitioner No.1 in Shalarth System and grant Shalarth Identity to him.
SERVICE LAW
Details
Termination of Respondent No.4 has rightly been set aside by School Tribunal directing his reinstatement with full back wages and continuity of service.
SERVICE LAW
Details
Respondent-APMCs late dispute over birth date appears to be an attempt to deny Petitioner his entitled service benefits after retirement hence, Respondent-APMC is directed to pay service benefits to Petitioner.
SERVICE LAW
Details
It is established that Petitioner No.1 was not formally appointed to Geography position but was given an additional charge for it hence, impugned order is deemed to be based on incorrect facts and is therefore subject to being quashed.
SERVICE LAW
Details
Municipal Corporations service rules provide for an upgrade after seven years of continuous service, which constitutes a vested right of employee that cannot be revoked without a valid amendment hence, Respondents cannot circumvent this by using a Government Resolution without amending rules directly.
CIVIL LAW
Details
Cooperative Court maintains jurisdiction over dispute as it involves societys management and property, with Respondent No.1s claims linked to society, distinguishing this case from scenarios involving third-party private transactions.
CIVIL LAW
Details
Denial of benefit of maternity leave to Petitioner only on ground that Petitioner was granted a technical break of 1 or 2 days in service is unjustifiable and untenable.