Digi - Legal Insights
SERVICE LAW
Details
Disciplinary authority cannot initiate second inquiry without addressing previously submitted inquiry report, as mandated by Rule 9 of Rules and if dissatisfied with earlier report, authority must either remit it for further inquiry or record its reasons for disagreement, allowing petitioner to respond.
ARBITRATION
Details
Reference to arbitration is necessary to address multiple disputes effectively hence, Former Judge of High Court is appointed as sole Arbitrator to adjudicate upon disputes and differences between parties.
PROPERTY LAW
Details
Stop work notice and rejection of Occupation Certificate on grounds of an absent NOC were ruled as arbitrary and illegal.
MOTOR ACCIDENT COMPENSATION
Details
MACT is directed to recompute total compensation accordingly, taking into account these factors within period of 6 weeks.
ARBITRATION
Details
Respondent must maintain Bank Guarantee No. 00040100008747, issued by Axis Bank Limited on 21 August 2015, for USD 9,710,490, EUR 529,370, and INR 52,42,50,100 and if guarantee expires for any reason, Respondent is required to provide new equivalent bank guarantee in favor of Petitioner for same amounts.
ARBITRATION
Details
Case establishes that there is an arbitration agreement between the parties hence, Advocate of High Court is appointed as Sole Arbitrator to adjudicate upon disputes and differences between parties arising out of Tax Invoices.
CIVIL LAW
Details
Deceased was a bonafide passenger and accident was on account of an “untoward incident†hence, Original applicants are directed to lodge claim for receipt of compensation of Rs.4,00,000/- along with interest @ 6% per annum from date of accident till date of realization, subject to a cap of Rs.8,00,000/-.
PROPERTY LAW
Details
Impugned orders are well-reasoned and consider Petitioners' documents and arguments hence, unauthorized structures are deemed liable for demolition as illegality cannot be cured.
CIVIL LAW
Details
If Petitioner is in a position to demonstrate before Committee that Dattaguru is her blood brother, then obviously Committee is bound to issue a certificate of validity in her favour.
PROPERTY LAW
Details
An Inspection Report validated existence of unauthorized structure, observable from public areas, leading to conclude that appellants did not meet necessary criteria for interim relief.
ARBITRATION
Details
Interim Applications by third parties without contract privity with DA are dismissed without intervention in Section 9 Petition.
SERVICE LAW
Details
Petitioner is to be reinstated immediately, receiving all promotions and benefits due, with a mandate for Respondents to expedite her case within four months.
RENT CONTROL
Details
No case is made out for interference in concurrent findings recorded by Trial and Appellate Courts on issue of unlawful subletting.
CIVIL LAW
Details
There is consistent pattern of diligence by Petitioner and inaction by State, justifying delay as legally excludable therefore, registration period should be computed from date document became capable of registration and any delay in presentation is sufficiently explained.
SERVICE LAW
Details
Impugned letters, which rejected Petitioners appointment to post, are contrary to law and should be quashed.
CIVIL LAW
Details
Interim injunction granted in favour of Plaintiff against passing off, as Plaintiff has produced documentary material to prima facie establish use of registered mark OCTRIDE since year 1999.
PROPERTY LAW
Details
Petitioner is entitled to compensation under provisions of Act of 2013 and respondents must complete acquisition process and disburse compensation within one year.
SERVICE LAW
Details
Charges against Petitioner were not sufficiently proven and ruled that previous penalties were excessive hence, impugned order passed by Disciplinary Authority and Appellate Order passed by Appellate Authority are quashed.
CIVIL LAW
Details
Trial judges discretion in granting injunction was found to be neither arbitrary nor capricious, adhering to established principles for interlocutory injunctions and therefore warrants upholding.
CIVIL LAW
Details
Denying the refund solely on grounds of limitation would be inequitable.