Digi - Legal Insights
CIVIL LAW
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Encroacher must be
given hearing before eviction; order without hearing set aside.
CIVIL LAW
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Family members cannot be excluded from ancestral
property rights unless a valid partition is proved with documentary evidence.
CIVIL LAW
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Failure to allow
appellants to lead evidence after permitting filing of written statement
amounts to legal error; matter remanded.
CIVIL LAW
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No right to hearing
arises if objections not filed within prescribed time.
CIVIL LAW
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Two-year immunity
period runs from date of election of first Sarpanch.
CIVIL LAW
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Two-year immunity from
a no-confidence motion applies to all elected Sarpanches irrespective of
sequence in office.
CIVIL LAW
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hallenges to municipal
tax assessments must be raised through statutory remedies before invoking writ
jurisdiction.
CIVIL LAW
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Criminal courts
deciding maintenance under CrPC cannot declare a marriage null and void; such
matters require adjudication by a competent Civil Court.
CIVIL LAW
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Failure of municipal
authorities to act against illegal constructions amounts to dereliction of duty
and invites judicial intervention.
CIVIL LAW
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Interlocutory orders of
an Arbitral Tribunal cannot be challenged under Article 227 of Constitution.
CIVIL LAW
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Execution of a decree
must be filed within 12 years; filing beyond limitation period renders
execution petition not maintainable.
CIVIL LAW
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Lease extension and
premium waiver-Discretion to waive additional premium must balance equities;
waiver partly allowed.
CIVIL LAW
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Unfair labour practice
and delay-Labour Court cannot allow delayed complaint without just cause after
employer raises limitation plea.
CIVIL LAW
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Tribunal cannot decide
disputes between workmen and trade union; not an industrial dispute.
CIVIL LAW
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High Courts must
determine whether arbitration clauses extend to new contractual obligations
before referring matters to arbitration.
CIVIL LAW
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Fraud and misrepresentation-False
pleading to invoke territorial jurisdiction amounts to fraud; decree vitiated.
CIVIL LAW
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Insurers cannot deny
claims based on arbitrary interpretations of policy terms; courts must ensure
adherence to contractual obligations.
CIVIL LAW
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Widows right and
Section 14-Property acquired in lieu of maintenance becomes absolute property
under Section 14(1).
CIVIL LAW
Details
Vice-chairman alone can
perform Chairmans duties; such powers cannot be delegated to any other member.
CIVIL LAW
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Borrowers must be given
an opportunity to explain forensic audit findings before their accounts are
classified as fraud under RBI guidelines.