Digi - Legal Insights
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.
SERVICE LAW
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Incentive marks and all other benefits available to Petitioner as an in-service candidate serving in a hilly area made available in accordance with law.
CIVIL LAW
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Unilateral appointment of an arbitrator before 23 October 2015, as long as arbitration clause allows for named arbitrator or permits appointment by one party, remains valid.
CRIMINAL LAW
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Tahsildar improperly declared proceedings closed regarding disputed agricultural lands despite possession reports from Police and instead of determining entitlement and restrained Petitioners from disturbing Respondent No.3s possession, which exceeds jurisdiction granted under Section 145 of CrPC.
PROPERTY LAW
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In cases where no stay or prohibitory order has been issued by any Civil Court, claims for compensation and Rehabilitation and Resettlement (R&R) benefits, including employment, will be processed after eligible landowners provide an undertaking and indemnity bond.
CRIMINAL LAW
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Impugned order of conviction and sentence held proper, as prosecution successfully demonstrated a chain of evidence and Sessions Judge properly evaluated evidence and dismissed testimony of dog handler, affirming that accused was last person with deceased.
SERVICE LAW
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Clauses 4(I)(c) and (e) that exclude married daughters as dependents, except in specific cases, are considered unconstitutional and will be nullified hence, Respondent is directed to suitably amend Guidelines of 2019 and impugned order issued by respondent is quashed and set aside.
SERVICE LAW
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50% of service rendered as Part Time Librarian is liable to be reckoned for purpose of computing qualifying service for pension, along with entire service rendered as a full time employee hence, impugned order passed by respondent no.2, denying benefit of Old Pension Scheme to petitioner is quashed and set aside.
PROPERTY LAW
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Petitioner cannot simultaneously contest acquisitions jurisdiction while having actively participated in related proceedings and his challenge to lack basis and considers it an afterthought, leading to its rejection.
CRIMINAL LAW
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Although appellant was granted interim anticipatory bail on 07/01/2025, new substantial evidence has emerged regarding incident, prompting the court to consider vacating interim order hence, impugned order passed by Special Judge is confirmed.
SERVICE LAW
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Impugned communications/orders issued by respondent No.3 are quashed and Respondents are directed to fix and pay petitioners pension on basis of his last drawn pay for post of Draftsman and to release all consequential retiral benefits in his favour within period of three months.
SERVICE LAW
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Recovery of excess salary payments to petitioner due to improper pay fixation and promotional orders, it is determined that such recovery is not permissible.
CRIMINAL LAW
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Impugned judgment passed by Additional Sessions Judge is quashed and modified, convicting appellant under Section 304 Part II of IPC and sentencing him to time already served and conviction under Section 30 of Arms Act, 1959 is upheld.
CRIMINAL LAW
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Prosecution failed to establish common intention of accused Nos. 2 and 3 however, evidence against accused No. 1, who is linked to death of deceased, is consistent and corroborated hence, appeal is partially allowed, affirming prosecutions case against accused No. 1 while exonerating accused Nos. 2 and 3.
CRIMINAL LAW
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FIR registered against Applicant does not meet necessary criteria under Section 32 of Act and is therefore unsustainable.
CRIMINAL LAW
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Petitioner, despite being acquitted in three cases, faces serious pending trial and evidence supports that subjective satisfaction as required under Section 55 has been adequately recorded based on gangs activities hence, no interference in impugned orders is warranted.