Digi - Legal Insights
CRIMINAL LAW
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In absence of recovery or corroborative evidence establishing robbery, conviction can be altered to a cognate minor offence under Section 325 IPC where grievous hurt is proved.
CRIMINAL LAW
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Mere fact that injury was caused on a non-vital part of body does not by itself exclude applicability of Section 307 IPC when requisite intention or knowledge is prima facie disclosed.
CIVIL LAW
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Rigid adherence to requirement of producing an original document, given impossibility of such compliance, should not be upheld hence, impugned order set aside and contract awarded to appellant.
ARBITRATION
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Juridical seat of arbitration was at Goa, therefore, Delhi High Court lacked jurisdiction to entertain application under Section 11(6) of Act hence, impugned order passed by High Court is set aside.
CIVIL LAW
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Proposed amendment overlaps significantly with original suit, warranting its consideration despite objections of limitation and procedural rules hence, application for amendment is allowed, subject to payment of costs.
PROPERTY LAW
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High Court is urged to prioritize these appeals, ideally resolving them within six months; if not, respondents may seek additional funds as deemed appropriate and Registry is instructed to share this order with Chief Justice for necessary administrative actions.
ARBITRATION
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Impugned order is modified to recognize the 3rd and 4th respondents as parties to the arbitration, even though they are not signatories to partnership deed, this finding is prima facie and does not influence adjudication of related issues, including limitation and estoppel, which remain for Arbitral Tribunal to consider.
SERVICE LAW
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Common judgment dated 12.02.2026 in Civil Appeal Nos. 6820-6824 of 2018 cannot be interpreted to allow claims for disability pension with arrears in every instance; each case must be evaluated on its own merits.
SERVICE LAW
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Authorities directed to assess individual cases based on retirement dates, calculate due amounts according to modified clause and issue payments within 30 days, with 6% annual interest applicable on late payments.
TAXATION
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Assessing Officer, CIT (Appeals), and ITAT correctly determined that subsidy in question is a revenue receipt provided after establishment of an industrial unit and commencement of production.
PROPERTY LAW
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Extension of a stay for two months and requires company to deposit Rs.15 crore as part of compensation, maintaining that failure to do so would revoke stay and allow landowners to pursue their claims.
SERVICE LAW
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High Courts error in allowing writ petition and declaring Respondent No. 3 eligible for Vocational Instructor role is legally unsustainable hence, impugned judgment and order by High Court is set aside.
SERVICE LAW
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Division Bench erred in determining that N.C.T.E. Act was not applicable to respondents case, as eligibility should be assessed by date of application or appointment thus, Respondents candidature was rightly deemed ineligible under 2006 Rules at the time.
CIVIL LAW
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Although petitioner references CCTV footage as proof of his involvement, it only verifies his presence and does not confirm the actual presentation of petition hence, view taken by High Court upheld.
MOTOR ACCIDENT COMPENSATION
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Non-payment of an extra premium does not negate the policys statutory coverage.
SERVICE LAW
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Appointments to state-aided minority institutions must strictly adhere to fair, transparent, and competitive selection processes.
CIVIL LAW
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A candidate who knowingly participates in a selection process without protest cannot turn around and challenge the validity of the rules after failing to qualify.
MOTOR ACCIDENT COMPENSATION
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Parking a heavy vehicle on a public road at night without adequate warning signals inherently constitutes negligence, invoking the principle of res ipsa loquitur.
CIVIL LAW
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A recovery certificate issued by a DRT prior to the 2016 amendment of the RDB Act does not constitute a decree or order capable of sustaining an insolvency notice.
CIVIL LAW
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A writ of certiorari under Article 226 is strictly supervisory, not appellate, and no adverse orders can be passed without observing the audi alteram partem principle.
Judgement
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