Digi - Legal Insights
CIVIL LAW
Details
Additional evidence on
appeal-Rejection of additional evidence without applying mind warrants remand.
CIVIL LAW
Details
Landlords bona fide
requirement upheld; tenant failed to prove hardship.
CIVIL LAW
Details
Business disputes
cannot be used to delay eviction from licensed premises when residential use
under license is established.
CIVIL LAW
Details
Lack of material facts-Election
petition devoid of basic pleadings on corrupt practice liable for rejection
under Order VII Rule 11.
CIVIL LAW
Details
Arbitration clauses in
agreements for sale cease to apply once a conveyance deed is executed;
subsequent transactions are governed by new contracts.
CIVIL LAW
Details
Employee claiming back
wages must plead and prove non-employment or lower earnings during termination;
failure to do so justifies denial of back wages.
CIVIL LAW
Details
Mere listing of a house
as encroachment without substantial evidence does not justify disqualification
under Section 14(1)(j-3) of Maharashtra Village Panchayats Act.
CIVIL LAW
Details
100% pension cut
disproportionate; modified to 50% permanent cut.
CIVIL LAW
Details
Restrictions in a draft
regional plan apply prospectively and do not invalidate pre-existing development
approvals.
CIVIL LAW
Details
Violation of a court
injunction and continuation of unauthorized construction justifies demolition
without further restraint.
CIVIL LAW
Details
Belated counter-claim
alters proceedings substantially; cannot be allowed.
CIVIL LAW
Details
A counter-claim must be
valued and proper court fees paid; rejection based solely on success
probability is erroneous.
CIVIL LAW
Details
Legislative
restrictions on cooperative societies governance do not violate constitutional
rights unless a clear breach of Part III rights is demonstrated.
CIVIL LAW
Details
Disputes over ownership
and title cannot be adjudicated in writ proceedings; they require comprehensive
civil court examination.
CIVIL LAW
Details
Termination
of transport contract-Action taken based on investigation findings and
agreement terms is not arbitrary.
CIVIL LAW
Details
Regulatory penalties
under Consumer Act not covered by IBC moratorium.
CIVIL LAW
Details
Unauthorized hutments,
despite court orders, were protected by inaction from municipal authorities;
strict action is necessary against slumlords to deter future encroachments.
CIVIL LAW
Details
Delay condoned with condition of no interest;
alternate remedy not a bar.
CIVIL LAW
Details
In light of prolonged
litigation and lack of available work, lump sum compensation granted in place
of reinstatement and back wages.
CIVIL LAW
Details
Compensation must be
based on actual wages; insurer not liable where employee not covered under
policy.