Digi - Legal Insights
PROPERTY LAW
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Courts cannot condone unauthorized developments and regularization of such constructions is not a governance policy and illegality in construction must be addressed decisively, without misplaced sympathy.
CIVIL LAW
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No case is made out for rejection of Plaint by having recourse to Order VII Rule 11 of CPC.
CIVIL LAW
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Petitioners' assertions of rights, including those based on promissory estoppel and legitimate expectation, lack substantiation and do not support their case in these proceedings hence, writ Petition will not be entertained however, Petitioners may raise claims before Appropriate Authority or Court as permitted by law.
PROPERTY LAW
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No grounds for granting summary judgment in favor of Plaintiff, especially given previous judgments against them that highlighted their inability to establish a prima-facie case.
CIVIL LAW
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Valuer is awarded Rs. 6,51,062/- in fees and Rs. 8,20,338/- in interest until May 2025, at a rate of 6% thereafter until full payment and further compensation claims were rejected and Official Liquidator must expedite payment process.
CIVIL LAW
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Caveators attempts to file subsequent Caveats or affidavits are deemed irrelevant and legally untenable hence, caveat No. 205 of 2026 dated 7th October 2024 is rejected and Court directs issuance of probate as per earlier order regarding last Will dated 4th December 2013.
CIVIL LAW
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Revival plan is deemed beneficial for public interest and workmen, highlighting their significance in decision-making process, while shareholders are portrayed as primarily financially motivated hence, impugned Judgment set aside and appeal is allowed in terms of prayer clause (a).
SERVICE LAW
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No grounds for gratuity forfeiture existed and upheld Controlling Authoritys decision to grant gratuity, along with compound interest at 15% due to Petitioners' failure to comply.
CIVIL LAW
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Serious allegations, such as an FIR, may justify debarring an auditor, while less severe reasons could warrant different outcome thus, it cannot be conclusively stated that this condition is unconstitutional in all situations.
SERVICE LAW
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Appointment of teachers in Maharashtra is governed by number of divisions and student enrollment per Rules and disputed 2008 appointment letter lacks necessary details, undermining claim for "grant in aid" salary.
CIVIL LAW
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Mandatory injunction issued by court was appropriately based on evidence, requiring defendants to remove their new construction while preserving overall property rights.
SERVICE LAW
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Respondent No. 4s appointment as headmaster was justified under relevant regulations and prior orders thus, petitions to contest Respondent No. 4s headmaster appointment and related orders lack legal standing.
CRIMINAL LAW
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Complaint lacks specific details regarding petitioners role in companys operations, failing to meet requirements of Section 141 of Act for his prosecution under Section 138 hence, liable to be quashed.
SERVICE LAW
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Prospective promotion Order dated 28 February 2025 cannot be treated as finally determining the Petitioners' entitlement to corrective dates.
PROPERTY LAW
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Panchayats reason for denial is invalid, as Town Planner has provided technical clearance that remains unchallenged hence, construction license should be issued by Panchayat.
CIVIL LAW
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Courts jurisdiction under Article 226 of Constitution is extraordinary, equitable and discretionary and Courts observations and reports from Executive Engineer and Deputy Superintendent of Land Record clearly indicate an apparent mistake in award.
TAXATION
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Petitioner acted bona fide, paying taxes and interest and resolving outstanding amounts prior to filing of Complaint hence, impugned Order and pending criminal case are quashed and set aside.
CIVIL LAW
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There was recognition of procedural fairness in visa adjudication process, particularly concerning claims of marriage of convenience hence, impugned decision to cancel or refuse continuation of Petitioners’ visas cannot be sustained.
CRIMINAL LAW
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Acquittal of accused 2 was set aside, his conviction under Section 7 of Act was restored and Trial Courts sentence of four years was reduced to one year due to accused 2s age, along with fine and default imprisonment.
SERVICE LAW
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Impugned judgment set aside and GPF of deceased shall be distributed between Appellant and Respondent no.1.
Judgement
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