Digi - Legal Insights
FAMILY LAW
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Merger covenant did not guarantee the rule of primogeniture for the rulers private personal properties.
RENT CONTROL
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High Court possesses supervisory power under Article 227, it must exercise this power sparingly and judiciously.
CIVIL LAW
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Doctrine of promissory estoppel cannot be invoked to compel the State to grant a benefit contrary to the policys true intent.
CIVIL LAW
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A successful resolution applicant is bound by the plan approved by the Committee of Creditors.
FAMILY LAW
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Despite the wifes opposition, the marriage has irretrievably broken down with no possibility of reconciliation, justifying dissolution.
CRIMINAL LAW
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Petitioner is permitted to seek second expert opinion from independent agency, such as Central Forensic Science Laboratory (CFSL) on specific queries, which can be formulated by petitioner with help of expert of his choice.
SERVICE LAW
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Respondent-Authorities are directed to regularize services of all petitioners on their respective posts with effect from their respective initial dates of joining in service, with consequential benefits.
SERVICE LAW
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Decision to suspend Managing Director was made by a panel of Administrators, not the Board of Co-operative Societies, as it was based solely on directions from the Registrar of Co-operative Societies hence, it needs to be set aside.
SERVICE LAW
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Deductions made by Respondent No. 3 from death gratuity of deceased employee were justified due to a statutory undertaking given by employee, which acknowledged that any excess payments would be adjusted against future benefits.
CRIMINAL LAW
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In cases involving abuse of authority by law enforcement officers, the grant of anticipatory bail must be evaluated strictly considering the gravity of the offence.
CRIMINAL LAW
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Deficiencies in maintaining Form F constitute substantive violations rather than technical errors.
CRIMINAL LAW
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Third Judge cannot reverse unanimous findings on appeals where no disagreement existed.
CRIMINAL LAW
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In cases of circumstantial evidence, the prosecution must establish a complete chain of circumstances unerringly pointing to the accuseds guilt, excluding all hypotheses of innocence.
PROPERTY LAW
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A Will cannot be proved under Section 69 of the Evidence Act without first establishing satisfactory proof of the death or unavailability of the attesting witnesses as required by Section 68.
TAXATION
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Omission of a statutory rule without a saving clause obliterates it completely, and restrictions under the omitted rule cannot be kept alive for pending proceedings.
CRIMINAL LAW
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Appellant has been rightly convicted by Sessions Court hence, impugned order of conviction of Appellant, uphold.
CIVIL LAW
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In context of Review Applications, differing interpretations of legal clauses do not constitute an apparent error warranting review and merely presence of two possible interpretations does not justify a reassessment of earlier decisions.
CRIMINAL LAW
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To attract offence of attempt to murder, determining factor is intention or knowledge of accused rather than grievousness or fatal nature of injuries inflicted.
CRIMINAL LAW
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Grant of anticipatory bail is very extraordinary remedy and said power is not to be used in regular course hence, ad-interim protection granted to Applicant stands vacated forthwith.
CRIMINAL LAW
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Prosecution must establish that promise to marry was made with a deceitful intention from very beginning and was never intended to be fulfilled.
Judgement
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