Digi - Legal Insights
PROPERTY LAW
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Redevelopment by Respondent Nos. 5 to 7 obtained all necessary permissions without any evidence of false documentation hence, petition dismissed due to absence of merit, emphasizing need for transparency from State Authorities in their decision-making process.
CRIMINAL LAW
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A conviction based solely on circumstantial evidence cannot be sustained if chain of circumstances is incomplete.
SERVICE LAW
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Petitioner cannot claim continuation of her right to be Councillor in view of Scrutiny Committee invalidating her Caste Certificate.
CRIMINAL LAW
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Statutory presumptions of guilt under POCSO Act do not absolve prosecution from establishing foundational facts beyond a reasonable doubt.
CRIMINAL LAW
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All cases involving BA/1832, BA/5169, BA/4341, and BA/1221 saw prolonged imprisonment over four years leading to a potential violation of right to a speedy trial; thus, those applicants may be released on bail with conditions.
CRIMINAL LAW
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Mere recovery from an intermediary without independent corroborative evidence linking demand and receipt to accused is insufficient.
CRIMINAL LAW
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Prosecution must establish an unbroken chain of custody and properly seal samples to rely on a Forensic Science Laboratory report; failure to do so, vitiates conviction.
TAXATION
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Goods sold in powder form remain classified accordingly at taxable event, thus not qualifying as beverages for tax purposes.
SERVICE LAW
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Respondent No.1-Vasai Virar Municipal Corporation directed to absorb and regularize petitioners by conferring them permanency on posts held by them on contractual basis.
CRIMINAL LAW
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Order taking cognizance and order issuing process, both are without application of mind, deserve to be set aside and initiation and continuation of impugned proceedings in absence of ingredients of offence amounts to an abuse of process of law.
CRIMINAL LAW
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Despite some consensual adjournments, Applicant was not represented when Order was passed, case dates back to 2014 and Court found no validity in Applicants request to recall Order, deeming it justified based on proceedings and facts reviewed.
CRIMINAL LAW
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No intentional threats or conduct amounting to extortion under Section 385 of Indian Penal Code, as simply demanding a disproportionate amount does not fulfill the required legal criteria hence, impugned FIR registered of alleged offences quashed.
MOTOR ACCIDENT COMPENSATION
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Pay and recover principle, applies even for gratuitous passengers, as individuals involved were not fare-paying passengers.
RENT CONTROL
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Trial Court found that absence of response from Petitioner supported eviction order, concluding that there was no reason to dispute claims made by Respondent-MIDC hence, no fault could be found with impugned judgment and also eviction proceedings as carried out by Respondent-MIDC.
SERVICE LAW
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Impugned communication issued by Respondent No.4, thereby reducing pay scale of Petitioners and initiating recovery of amount already paid to them is quashed and Respondent Nos.1 to 4 directed to give CAS benefits to services of Petitioners from date of their first appointments.
CRIMINAL LAW
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Evidence against Appellant was deemed sufficient to establish guilt, as circumstantial evidence was consistent and did not suggest innocence hence, impugned order of conviction needs to be held.
EDUCATION
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Petitioner has used four attempts for first year MBBS and cannot be granted an additional attempt in Anatomy due to provisions of Regulation 21 of 2023 Regulations.
CIVIL LAW
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Impugned order is upheld with modification allowing appellant to raise a counterclaim solely for set-off purposes.
ARBITRATION
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Status of RBIPL, a wholly-owned subsidiary of RWCL, as non-signatory to arbitration agreement is disputed, necessitating its evaluation by arbitrator hence, Former Chief Justice of Bombay High Court appointed as Sole Arbitrator.
SERVICE LAW
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Seniority disputes between Compassionate and Special appointees should be determined by their date of regularization, emphasizing that such disputes should be approached pragmatically rather than with strict mathematical precision, unless explicitly dictated by Recruitment Rules.
Judgement
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