Digi - Legal Insights

Delay and Laches in Promotion Cases-Claim for antedating promotion rejected due to a 21-year delay; barred by principles of delay and laches.

Unauthorized Construction and Regularization-Panchayat has no authority to regularize illegal constructions made without requisite permissions.

Pre-emption Rights of Co-owners-Co-owners have a right of pre emption to purchase undivided share sold to third parties if willing to pay the same price.

Furlough for Convicts-Denial of furlough solely due to absence of a family undertaking is unjustified.

Suspension of Sentence Pending Appeal-Suspension of sentence during pendency of appeal justified when the applicant has undergone a significant portion of imprisonment.

Grant of Set-off for Pretrial Detention-Convicts are entitled to set-off for pretrial custody under Section 428 of CrPC; denial of such benefit is unjustified.

Quashing of FIR in Settled Cases-If parties have settled their disputes amicably, continuation of criminal proceedings will be an exercise in futility.

Quashing of FIR in Amicable Settlements-Criminal proceedings quashed as disputes were amicably settled, rendering continuation futile.

Liability primarily rests on the individual as defined under municipal laws; excess tax must be refunded with interest or adjusted against other dues.

Pension entitlement-Long service, promotions, and salary through government grant justify pension benefits. Anjali Anand Khare Vs. State of Maharashtra

Regularization and parity of Special APPs-Contractual appointees not entitled to regularization, but deserve parity in honorarium and dues

Modification of posting without reason-Transfer order issued post election without justification rightly interfered with by Tribunal.

Delay and laches-Employment claim filed after unreasonable delay without pursuing remedies earlier is not entertainable.

Registered title v. unregistered interest-Later registered sale prevails over earlier unregistered equitable mortgage.

Corrigendum altering land area – Competent Authority cannot expand conveyance area under garb of corrigendum.

Departmental enquiry initiated against employee without furnishing full documents violates principles of natural justice; order set aside.

Termination order set aside for breach of natural justice as petitioner was not informed of proposed punishment or given chance to respond.

Long possession without animus and proof of adverse title does not confer ownership against State.

Employee appointed in aided institution before 1-11-2005 entitled to Old Pension Scheme benefits.

Voluntary undertakings by employee permit recovery of excess pensionary payments; no interference warranted.