Digi - Legal Insights
CIVIL LAW
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Impugned order is quashed directing trial Court directed to rehear application seeking recall/modification of Order dated 20th January 2018, including on limitation point.
SERVICE LAW
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Petitioner satisfies eligibility criteria prescribed under Notification dated 16/02/2022 hence, Respondents shall consider petitioners case for promotion to post of Professor strictly in accordance with said Notification and other applicable statutory requirements, without insisting upon additional condition of five years' service as Associate Professor.
CIVIL LAW
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Petitioners have merely prayed rescission of contract due to non-deposit of amount within specified period, but did not claim amount was deposited without prior application or notification hence, trial Courts rejection of rescission application was justified.
SERVICE LAW
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Petitioner, having low vision, qualifies under a measurable disability hence, Respondent Nos.2 and 3 are directed to appoint petitioner on post of Seasonal Spraying Field Worker under reservation of Disabled Person (PH-A-Low Vision).
SERVICE LAW
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Respondents directed to pay petitioners retiral benefits, using an age of superannuation of 60 years and Principal of Dr. Panjabrao Deshmukh Polytechnic must prepare and forward payment bill to relevant authority within one month, with subsequent release of pension arrears to occur within two months thereafter.
CIVIL LAW
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Application for modification of original order rejected as it would entail a review, which is only permissible in cases of apparent error or new material.
PROPERTY LAW
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Access granted to Respondents will pass through Petitioners land as per agreed Consent Terms, which are fair to both parties, including a Plan (Annexure ‘A’) detailing access.
CIVIL LAW
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Mere existence of inventory proceedings does not prevent maintenance of a civil suit related to proprietary rights under registered conveyances.
CRIMINAL LAW
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Petitioner has previously been granted parole five times and that misconduct incidents noted in order are uncontested hence, Petitioner is permitted to file new parole application with Respondent no.2.
CRIMINAL LAW
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In light of Respondent-Societys lack of objection to Application for compounding and Applicants deposit of full compensation amount for an amicable settlement, Application for compounding of offence is granted.
CIVIL LAW
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Impugned order rejecting application under Order VII Rule 11 of CPC does not suffer from any material irregularity, illegality or error apparent on face of record.
CRIMINAL LAW
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There are no direct allegations against Appellant in complaint, which is essential for applying Section 141 of Act that requires accused to be in charge of and responsible for companys business conduct hence, summoning order in connection with complaint registered of alleged offences, quashed.
SERVICE LAW
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Petitioners were incorrectly promoted over Respondents Nos. 5 to 8, who are senior and eligible for posts of Naib Tahsildar despite petitioners having worked in these posts for over three years, hence, concerned competent Authority directed to appoint respondents Nos. 5 to 8 within two weeks, warning of potential contempt proceedings for noncompliance.
PROPERTY LAW
Details
Permission granted to Petitioner for diversion of 3.3561 ha. of forestland out of which 1.9656 ha. of mangrove forest land in favour of MSETCL for cutting of 847 mangroves trees within construction zone for project forming part of village Mankode, for use of non-forest purpose.
CIVIL LAW
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Petitioner is accused of attempting to defraud Court by obtaining a stay order through false claims hence; he must demonstrate compliance with rules to seek relief under Article 226 of Constitution, which he has not done.
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.
SERVICE LAW
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Termination of petitioners services from 1 September 2012 is declared illegal and set aside directing Respondents to reinstate petitioner as Shikshan Sevak/Assistant Teacher within eight weeks with continuity of service, including seniority and pension benefits, but will not receive back wages due to lack of evidence of unemployment during proceedings.
PROPERTY LAW
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Extensions granted were unjustifiable and violated procedural mandates and as a result, court asserted its jurisdiction to challenge validity of development plan, stressing that adherence to law is a fundamental duty of executive.
CRIMINAL LAW
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Cause of death was established as septicaemia resulting from burns hence, impugned order of conviction needs to be upheld.
CRIMINAL LAW
Details
Petitioners bail cancelled for failing to meet conditions and ordered forfeiture of Rs. 50 crores deposited, directing Rs. 5 crores to National Legal Services Authority and remainder to IRP for IBC proceedings, with immediate compliance mandated by Registrar (Judicial).
Judgement
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