Digi - Legal Insights
RENT CONTROL
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To claim protection under Section 15A of Act, Defendant must prove existence of a subsisting license agreement, as Defendants Nos. 4, 4A, and 5 failed to provide evidence of such an agreement, therefore they are not entitled to protection under Act.
PROPERTY LAW
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Although Sale-deed was executed on 11/07/2007, sale transaction remains incomplete without registration, making document not valid title evidence.
SERVICE LAW
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Respondent Nos. 5 and 6 directed to propose pension calculations that incorporate 50% of Petitioners Part-Time service, under old pension scheme.
CIVIL LAW
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Caveator, an unrelated third party, has made a significant effort to usurp deceaseds estate, warranting the dismissal of his Caveat.
CIVIL LAW
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After over four decades of enjoying these properties, daughter of deceased attempt to be added as a Decree Holder cannot be permitted, as rights to property in question belong to branch of her uncle.
CIVIL LAW
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Estate officers quantification of damages is upheld due to lack of contrary evidence from Respondent, rendering appellate Courts reversal of estate officers decision improper.
CIVIL LAW
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Suit, filed on December 18, 2021, is within limitation period under Article 113 of Limitation Act, 1963, as cause of action arose on May 21, 2019 hence, no grounds for rejecting plaint under Order VII Rule 11 of CPC at this stage.
CIVIL LAW
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As Plaintiff lacks shareholder or director status in related entities, operations of Defendant companies remain unchallenged and unaffected, he is not entitled to any interim reliefs.
CIVIL LAW
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When litigant attempts to mislead Court through suppressed facts or false statements, Court will refuse relief and decline jurisdiction, ending case without further inquiry into merits.
PROPERTY LAW
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MMC has made contradictory statements about nature of dispute and its responsibility to address unauthorized constructions, failing to fulfill its legal obligations despite acknowledging their illegality hence, MMC is directed to demolish illegal constructions.
RENT CONTROL
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As Defendant-tenant failed to make necessary payments within one month of receiving suit notice, landlord is entitled to an eviction decree due to Defendants default.
MOTOR ACCIDENT COMPENSATION
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Interpretation of law should align with Acts objectives, leading to a conclusion that Commissioner did not properly apply law to facts hence, findings regarding territorial jurisdiction are set aside and case is remanded for consideration of other points.
RENT CONTROL
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Impugned order of eviction held proper hence, Petitioner directed to vacate and hand over possession of area in his possession to Respondents within a period of 6 weeks.
SERVICE LAW
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Denial of bifurcation by Respondents No.2 and No.3 lacked proper consideration of relevant factors and well-being of Petitioners, thus failing to meet legal requirements.
SERVICE LAW
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Impugned Order was upheld, affirming the Employees reinstatement with back wages, ruling out any unreasonable or arbitrary actions by authorities.
PROPERTY LAW
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Plaintiffs' investment motivations contrasted with Defendant No. 1s familys reliance on agricultural land, influencing hardship assessment and Courts' ruling against Plaintiffs.
PROPERTY LAW
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Courts were justified in dismissing Appellants suit for declaration and injunction, as Appellants title to property was not extinguished through acquisition or valid transfer agreement to Respondents as defined by Act.
CIVIL LAW
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Suit, governed by Act, 2015, supports an award of costs due to Defendants failure to defend claim, reflecting bad faith thus, Plaintiff is entitled to an award of costs.
PROPERTY LAW
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Society is not subject to provisions of Maharashtra Shops Act or PG Act, leading to conclusion that proceedings initiated by Respondent under relevant labor laws are not maintainable and should be dismissed.
PROPERTY LAW
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Interim order allowing Notice of Motions filed by Plaintiffs quashed however, no coercive action will be taken against Plaintiffs' structures until conclusion of suit proceedings, ensuring their protection under law.