Digi - Legal Insights
SERVICE LAW
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Appellants services were terminated solely because institution was deemed unrecognized, leading to conclusion that their termination was illegal.
SERVICE LAW
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Services of Appellants are liable to be regularized as they are similarly situated as other daily-wage workers in Income Tax Department, whose services have been regularized pursuant to various orders passed by Court.
PROPERTY LAW
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NGTs order to form Joint Expert Committee is stayed and no actions based on its December 2020 report will proceed until High Court resolves Writ Petition No. 6047 of 2025.
SERVICE LAW
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Vetting process must ensure all candidates are evaluated on equal footing, making it critical for applicants to disclose any criminal history and failure to disclose such information undermines selection process, even if law may not always view it as fatal to a candidates application.
ARBITRATION
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Literal reading of Consent Award shows a clear, enforceable obligation for the Promoters hence, enforcement Petition is granted, requiring Promoters to pay or deposit Rs. 15,86,17,808/- within 30 days, with amount subject to outcome of ongoing proceedings involving EY and Promoters.
CIVIL LAW
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Srimati Radhika Sinha Institute and Sachchidanand Sinha Library (Requisition & Management) Act, 2015 is declared unconstitutional and is accordingly struck down.
SERVICE LAW
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State cannot create artificial classifications to deny statutory benefits, violating Articles 14 and 16 hence, judgments of High Court regarding exclusion of academic arrangement employees from regularization are set aside, declaring Section 3(b) unconstitutional.
CIVIL LAW
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Appellants based their title claim on long possession, introducing additional evidence at appellate stage lacks legal significance and does not rectify fundamental flaws in their case.
SERVICE LAW
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Seniority of direct recruits is established from their actual joining date, as mandated by relevant regulations hence, opinion expressed by Division Bench of High Court to extent that seniority will commence from date the candidate starts his probation is totally erroneous.
SERVICE LAW
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Single Judges acquittal based on doubt was upheld, but Division Bench of High Court controversially reversed this, intruding on committees discretion and undermining its assessment of Respondents suitability for police employment.
SERVICE LAW
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No allegations of mala fides against Assessment Committee members exist and they found respondent suitable for promotion hence, impugned judgment of High Court and CAT are set aside.
RENT CONTROL
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Amalgamation scheme by Reserve Bank of India does not qualify as statutory enactment to override this act hence Respondents is liable for eviction from premises as per Section 14(1)(b) of Act.
CIVIL LAW
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No established bar against adoption by uncle-in-law, requiring those who allege customs to prove their claims and Court found insufficient evidence to support alleged customs, reaffirming that in absence of a male heir directly related to landowner, nearest male agnate has rights to property.
RENT CONTROL
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Suits transformation into commercial suit under CCA was confirmed, with Court agreeing with High Courts conclusions regarding LMTs lack of justification for delays in filing new documents.
CIVIL LAW
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Inclusion of appellants name in Caution List is impermissible and without jurisdiction hence, there shall be consequential direction to respondents to remove name of appellant from Caution List with immediate effect.
CIVIL LAW
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No error in impugned judgment and decree passed by Principal District Judge modifying decree passed by Trial Court, setting aside relief of permanent injunction and dismissing suit in its entirety.
CIVIL LAW
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Nala/drain related to property was altered by petitioners, obstructing water flow, thus invalidating petitioners’ claims hence, actions taken comply with DM Act procedures.
CIVIL LAW
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Plaintiffs did not demonstrate readiness to perform their contractual obligations, as they delayed action from 1977 until suit was filed in 2010, indicating lack of urgency in fulfilling their part of agreement hence, Appellate court appropriately reversed Trial Courts findings based on these failures.
CIVIL LAW
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Respondents are duty-bound to honour their promise and to release pending subsidy claims of Petitioner.
PROPERTY LAW
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There is no perversity or jurisdictional error therefore, in limited revisional jurisdiction under Section 115 of CPC, it is not possible to re-appreciate evidence and come to contrary conclusion.
Judgement
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