Digi - Legal Insights
CIVIL LAW
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Petitioner has established that he belongs to ‘Halbi' Scheduled Tribe. Respondent No.2- Scrutiny Committee is directed to issue caste validity certificate to Petitioner as he belongs to 'Halbi' Scheduled Tribe within a period of two weeks.
EDUCATION
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Expulsion based on fee non-payment is unsustainable since petitioners expressed willingness to pay, indicating expulsion is unlawful and should be quashed.
RENT CONTROL
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Tenant actively uses suit premises as godown, contradicting claims of non-use hence, impugned Judgment is set aside and Appeal filed by Tenant is dismissed, thereby confirming Judgment of eviction on grounds of bona-fide requirement and non-user.
ARBITRATION
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Tribunals previous order remains relevant as it reflects evolving conduct of parties over four years and allowing disposals of key assets could jeopardize arbitrations outcome hence, tribunal is positioned to determine appropriate interim measures and assess litigation costs incurred throughout process for fairness in proceedings.
PROPERTY LAW
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Acquired lands value should account for developmental costs, leading to calculated compensation adjustment for claimants hence, impugned judgment and award is partly set aside and modified.
SERVICE LAW
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Judicial review of disciplinary actions is limited and unless punishment shocks conscience, it is upheld thus, given proven charges against Petitioner, dismissal imposed is deemed appropriate and justified.
SERVICE LAW
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School administration is governed by specific laws and Petitioner has not demonstrated any procedural illegality by School Management hence, no writ can be issued to appoint an administrator and case does not warrant exercising jurisdiction under Article 226 of Constitution.
CIVIL LAW
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As disputants have not fulfilled all necessary steps before opting for substituted service, impugned order from Cooperative Court permitting service via a paper application is legally unsustainable and should be quashed.
PROPERTY LAW
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Total market value of acquired land is fixed at Rs.25/- per sq.mtr. (inclusive of market value offered by the Special Land Acquisition Officer) and in addition, claimant will be entitled to statutory benefits under Sections 23(1-A), 23(2) and 28 of Act.
SERVICE LAW
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Respondent was rightfully entitled to provisional pension until final disciplinary decision is made.
PROPERTY LAW
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Respondent Collector (Land Acquisition) is directed to compute compensation as payable to Petitioners under 2013 Act and disburse to Petitioners, amount of compensation within period of four months.
SERVICE LAW
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Respondent-Authorities directed to follow G.R. for deployment of female and male teachers who have crossed age of 53 years and such teachers should not be deployed in the difficult areas as far as practicable.
CIVIL LAW
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Suit filed by plaintiff was maintainable and concurrent findings of facts are found to be legal and plausible.
CIVIL LAW
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Amendments to Section 52 do not exhibit arbitrariness as claimed and serve larger interest of spouses, respecting historical marital principles under Portuguese Civil Code.
SERVICE LAW
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Petitioner will have to be issued an appointment letter to post of Junior Engineer (Civil) by Public Works Department, effective from same date as other candidates in recruitment process, with all consequential benefits.
PROPERTY LAW
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Claimants are entitled to compensation of Rs. 6,516 per Are for acquired lands, inclusive of prior compensation and statutory benefits under Act.
CIVIL LAW
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Declaratory relief is necessary to clarify civil rights of parties regarding suit property therefore, leave to amend suit was granted to address main controversy of ownership declaration, despite plaintiffs late amendment.
SERVICE LAW
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Respondent No. 2 is directed to substitute name of Petitioner No. 2 in place of Petitioner No. 1 for purpose of compassionate appointment and if at all, there would a suitable vacancy available, Respondent No. 2 shall proceed to consider case of Petitioner No. 2 accordingly.
PROPERTY LAW
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Petitioner was not afforded an opportunity for hearing, violating natural justice principles hence, Mutation Entry putting encumbrances on land bearing Gat No.208 and Gat No.166 owned and possessed by Petitioner is quashed.
CIVIL LAW
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Compromise decree passed in Lok Adalat is quashed and Trial Court shall proceed with suit in accordance with law, after giving opportunity to all concerned parties.