Digi - Legal Insights
CRIMINAL LAW
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Applicant has been incarcerated since September 3, 2018, serving over seven and half years hence, during pendency of appeal, substantive sentence can be suspended, allowing for release on bail under specific conditions.
CRIMINAL LAW
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Due to prolonged weaknesses in evidence against Applicant, which has persisted during his six-year custody, he is considered eligible for bail on similar terms as his co-accused.
PROPERTY LAW
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Initial basis for declaring building dangerous and ordering demolition is no longer valid and related communications cannot be upheld hence, Respondent No.2 is prohibited from threatening disconnection of water or electricity based on certain communications.
CIVIL LAW
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Deceased died due to an "untoward incident," as defined by Act and even if Station Managers version is accepted, it would still be classified as an "untoward incident."
RENT CONTROL
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Appellate Court incorrectly placed burden of proof on Petitioner/Defendant, neglecting legal requirement for Plaintiff to establish tenancy, this misapplication of law suggests a significant risk of miscarriage of justice, warranting legal intervention.
CIVIL LAW
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Rejection of appellant No. 2s compassionate appointment on grounds of having retired on medical grounds was deemed unjustifiable.
SERVICE LAW
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Petition is substantially a service selection challenge by an unsuccessful candidate who has no indefeasible right to appointment and who seeks vague direction for appointment of some other candidate and such Petition cannot be entertained under Article 226 of Constitution.
CIVIL LAW
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There was no ambiguity in Resolution Plan, dismissing relevance of face value reservation mechanism and principles like contra proferentem, upholding integrity of established timeline for payments hence, impugned Judgment passed by Courts below are set aside.
LIMITATION
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Rehabilitation Act does not have retrospective effect and Maharashtra Resettlement of Project Displaced Persons Act, 1976 lacks a provision similar to Section 16(2)(a) of Rehabilitation Act hence, petition should be dismissed based on these grounds.
PROPERTY LAW
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Appellants are entitled to refund, less 10% for administrative charges and regarding withheld amounts, MRTP Act allows for interest on refunds, but applying standard rate may not be appropriate given the circumstances.
SERVICE LAW
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Law does not limit protections to disabilities arising from service and that employer is obligated to explore reasonable accommodations rather than opting for invalidation.
EDUCATION
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Petitioners are entitled for reimbursement of such amount of fees as is provided under Government Resolution dated 20-09-2019.
CIVIL LAW
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Plaintiffs conditional admission of partition deed does not establish acceptance of its terms, as no tangible actions were taken by either party to reflect its implementation hence, impugned order passed first appellate Court held proper.
CIVIL LAW
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Petitioners' claims cannot surpass interests of sugar producers and consumers in domestic industry and Competent authorities are equipped to make informed decisions and interference by Court is not warranted.
PROPERTY LAW
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Order passed by Land Acquisition, Resettlement and Rehabilitation Authority is quashed and application at Exhibit 8 is allowed, staying proceedings until final resolution of Special Civil Suit No.78 of 2022 pending before Civil Judge, Senior Division.
CIVIL LAW
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Additional Divisional Commissioners Order is deemed well-reasoned and justified, highlighting that land transfer sought from Respondent No. 1, an Adivasi, was done without necessary permissions, which is impermissible.
SERVICE LAW
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Married daughter of deceased employee is entitled for appointment on compassionate basis hence, impugned communication issued by respondent No.4 is quashed and Respondent shall consider application of petitioner No.1 on its own merit.
SERVICE LAW
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Both petitioner and respondent No.4 scored 41 marks in interview for an instructor post, granting management discretion to make appointment hence, no reasons to interfere with appointment of respondent No.4 as an instructor in respondent No.1s school.
SERVICE LAW
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Respondent Nos. 1 and 2 are directed to give approval to selection of Petitioner to post of Professor in Computer Science and Engineering forthwith.
CIVIL LAW
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When mistake by Court is identified, Court is required to remedy situation by restoring affected party hence order of Trial Court should be quashed and Commercial Suit is restored to file of District Judge and this Suit be proceeded in accordance with law.
Judgement
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