Digi - Legal Insights
CIVIL LAW
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A High Court judgment
cannot be declared illegal under Article 32; the proper remedy is recall or
appeal under Article 136.
CIVIL LAW
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Resolutions issued
under executive powers must align with legislative competence and do not
violate principles of separation of powers.
CIVIL LAW
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Construction of
permanent structures without the landlords consent alters the property and
warrants eviction.
CIVIL LAW
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A tenants successor
must prove continuous residence in the tenanted premises as part of the
deceaseds family.
CIVIL LAW
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A transfer of shares is void if not in
the best interest of a company under liquidation.
PROPERTY LAW
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CIDCO cannot cancel auction process in respect of Plot No. 25 even after approval of its Board resolution by State Government.
CIVIL LAW
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Tenancy becomes
terminable through a notice under the Transfer of Property Act once protection
under the Rent Control Act is lost.
ARBITRATION
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No valid grounds to challenge Award under Section 34 of Act, as Arbitrators interpretations were deemed reasonable and consistent with established law.
CIVIL LAW
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Harassment of a mother
by her son and daughter-in-law nullifies compassionate claims; eviction upheld.
CIVIL LAW
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Pre-constitutional
records supporting a caste claim have greater probative value and should be
given due weight.
CIVIL LAW
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Restoration of protection under the Rent Control Act is not permissible if lost due to the entitys financial capability, as evidenced by paid-up capital and reserves.
CIVIL LAW
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Civil Courts cannot
entertain suits where the cause of action arises solely from apprehensions
without legal substantiation.
CIVIL LAW
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A company that loses
tenancy protection under the Rent Control Act cannot regain it by later
reducing its capital below the statutory limit.
CIVIL LAW
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Municipal corporations cannot justify illegal regularization of unauthorized construction through misleading legal references.
CIVIL LAW
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Orders granting trust status to a property without due procedure are invalid.
CIVIL LAW
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Suspension of
registration under pre-existing schemes due to electoral conduct rules is
invalid.
CIVIL LAW
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Applications for
recording additional evidence must demonstrate relevance and necessity to the
case at hand.
CIVIL LAW
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Liability primarily
rests on the individual as defined under municipal laws; excess tax must be
refunded with interest or adjusted against other dues.
CIVIL LAW
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Legal representatives
cannot introduce additional evidence at the final hearing unless justified
under Order XXII Rule 4(2) CPC.
CIVIL LAW
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A person not party to the suit or without legal representative status cannot object to execution of a decree under Section 47 CPC.