Digi - Legal Insights
CIVIL LAW
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Investigating Officer of MCGM is to determine rateable value of vacant land under construction and Small Causes Courts decisions are upheld and MCGM is entitled to recover water charges, but not sewerage charges.
SERVICE LAW
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Petitioner is entitled to reinstatement in his former position with full back wages from 22.07.2019, along with interest at 9% per annum.
SERVICE LAW
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Petitioner was afforded multiple opportunities to attend disciplinary proceedings but failed to respond to several communications regarding reporting back to duty, leading to his unauthorized absence since March 19, 2020 hence, impugned order compulsorily retiring Petitioner from service does not suffer from any infirmity.
CIVIL LAW
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Petitioners have duly established that they belong to "Dhoba" Scheduled Tribe hence, Respondent No. 2 Scheduled Tribe Certificate Scrutiny Committee, is directed to issue validity certificates of "Dhoba" Scheduled Tribe to Petitioners.
MOTOR ACCIDENT COMPENSATION
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MACTs award did not require intervention and 40% of awarded amount has been deposited, allowing Respondent to withdraw it along with interest and Appellant is required to pay remaining amount and interest to Respondent within three weeks.
RENT CONTROL
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Judgment and decree granting eviction is confirmed and Respondent or anybody claiming through or under him is directed to handover vacant and peaceful possession of suit premises to Applicants within period of 8 weeks.
PROPERTY LAW
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Plaintiff has not appropriately claimed rights under relevant administrative orders regarding Gat Nos. 952 and 948 and therefore, additional evidence related to these properties will not be admitted, as plaintiff lacks clear title or exclusive rights.
RENT CONTROL
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Absence of any formal surrender agreement indicates that tenancy remains intact, despite landlords long-term possession for political purposes hence, impugned judgment passed by trial Court stands confirmed.
SERVICE LAW
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Respondent no.4 Education Officer shall issue corrected approval order in name of Petitioner reckoning his services on regular pay scale applicable to Assistant Teacher w.e.f. 01.10.2021, within a period of 08 weeks and shall release salary dues.
CIVIL LAW
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Respondent No. 2 has acted in breach of order and undertaking hence, Respondent No. 2 shall continue as Agent of Court Receiver only upon execution of fresh Agency Agreement, furnishing security and payment of compensation/monthly royalty in accordance with directions.
CIVIL LAW
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Respondent has not taken any steps to advance agreement, which did not specifically benefit him, without any other supporting documents, he cannot claim rights to open land or constructed area.
ARBITRATION
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Considering valid arbitration agreement stated in Working Capital Demand Loan Agreement dated August 2, 2018, dispute is referred to arbitration, with an arbitrator to be appointed by parties as per Arbitration Act.
CIVIL LAW
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Plaintiffs inaction reflected an abuse of legal process and consequently directed that Commercial suit be kept in abeyance while mandating both parties to pursue mediation within three months, extendable by two months if necessary.
PROPERTY LAW
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Declaration under Section 6 of Act was last published on 2nd May 2010, requiring award to be issued by 1st May 2012 however, it was passed on 7th May 2012, exceeding two-year limit, indicating that Section 11A of Act applies and land acquisition proceedings are consequently lapsed.
CIVIL LAW
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Impugned order passed by Respondent No. 2-Collector disqualifying Petitioners from posts of Sarpanch and Members of Gram Panchayat Kshetra Mahuli, is set aside.
CIVIL LAW
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Plaint cannot be rejected under clause (d) of Rule 11 of Order VII of CPC due to non-compliance with Section 12A, nor on basis of any express bar under Section 42 of Slum Act, nor under clause (a) of Rule 11 of Order VII of CPC for lack of disclosed cause of action.
ARBITRATION
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Appointment of unilateral arbitrator was deemed inappropriate, but Tribunals formation followed protocol and Award was not invalidated by unilateral appointment claims.
SERVICE LAW
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Clause 3 of Government Resolution dated 13.10.2016 is discriminatory under Article 14 of Constitution regarding Petitioners hence, it directs Zilla Parishads to grant subject teacher pay scale benefits to petitioners working as subject teachers for Classes 6 to 8 from their appointment date.
CIVIL LAW
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Affidavits credibility is supported by close blood relationship between Petitioner and his brother, with certificate being granted after proper inquiry and vigilance report, confirming its genuineness hence, Scrutiny Committee is directed to issue certificate of validity to Petitioner as belonging to Thakar Scheduled Tribe.
SERVICE LAW
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Impugned Rule 7(1)(c) of Rules, as formulated by Respondent No.2-State of Maharashtra vide Government Notification is unconstitutional and deserves to be set aside.
Judgement
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