Digi - Legal Insights
CRIMINAL LAW
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Quashing of proceedings - Criminal proceedings arising from a civil property dispute, filed belatedly without ingredients of cheating or forgery, amount to abuse of process and should be quashed.
CRIMINAL LAW
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Quashing of FIRÂ - FIR cannot be quashed merely for procedural lapses or being successive when investigation is complete and chargesheet filed, if allegations disclose cheating, conspiracy, and inducement.
CRIMINAL LAW
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Atrocities Act - In offences under the SC/ST Act, notice to the victim before granting bail is mandatory, and bail granted without such notice or proper reasoning is liable to be cancelled.
SERVICE LAW
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Recruitment - Cancellation of LDC selection alone from common advertisement is arbitrary and discriminatory - State directed to resume process from stage of cancellation - Petition allowed.
PROPERTY LAW
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Land Revenue - Sanad granting occupancy rights is a perpetual and heritable grant making holder an Occupant Class I under Section 29(2)(a) MLRC, and resumption of such land as lease expiry is illegal.
SERVICE LAW
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Absorbed employees of electricity distribution co-operative societies are entitled to MPSEB pension from date of absorption, but pre-absorption society service is not pensionable under Madhya Pradesh Pension Rules.
SERVICE LAW
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Central Government, as competent authority, may reject voluntary retirement of All India Service officers for lack of vigilance clearance or pending disciplinary proceedings, irrespective of the State Governments view.
SERVICE LAW
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Minimum service period clause with stipulated damages in public sector employment is a reasonable safeguard, not a restraint of trade, and is valid under Sections 23 and 27 of the Contract Act.
SERVICE LAW
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Once Central Armed Police Forces are declared as Organised Group A Services, all consequential benefits must follow, and such status cannot be restricted only to Non-Functional Financial Upgradation.
SERVICE LAW
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Personnel retired or released from Indian Military Nursing Service qualify as ex-servicemen under Punjab Recruitment of Ex-Servicemen Rules, 1982 and are entitled to notional service benefits without backwages.
RENT CONTROL
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Legal representatives can continue eviction proceedings for their own bona fide need, and where comparative hardship favors landlord, long-standing tenant’s eviction is justified.
MOTOR ACCIDENT COMPENSATION
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In case of policy breach due to drivers lack of valid licence, insurer must first satisfy award and then recover from owner, with compensation computed including 40% future prospects and conventional heads.
LIMITATION
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Condonation of delay in filing appeal under IBC - Limitation for appeal under Section 61(2) of IBC runs from date of uploading of NCLT order, and delay without sufficient cause cannot be condoned.
LIMITATION
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MSMED Act - Limitation Act not applicable to conciliation under Section 18(2) - Time-barred claims can be referred for conciliation - Limitation applies only to arbitration under Section 18(3) - Appeals partly allowed.
LIMITATION
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Issue of limitation - Limitation being a mixed question of law and fact cannot be decided as a preliminary issue under Section 9A CPC, and evidence recorded on it must be retained for consideration at final adjudication.
LIMITATION
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Limitation for appeal in Commercial Matters - Runs from pronouncement of judgment, and negligent inaction in obtaining certified copy bars condonation of delay under Section 5 of the Limitation Act.
EDUCATION
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Director of Technical Education cannot override statutory Boards certification that HSSC passed via Form No.17 satisfies 10+2 pattern, making candidate eligible for Diploma in Pharmacy admission.
MOTOR ACCIDENT COMPENSATION
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Income Tax Returns are reliable statutory evidence for assessing deceaseds income, and compensation cannot be reduced merely because the return was filed after the accident.
ARBITRATION
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Dispute arising under agreement is arbitrable - Parties bound by arbitration clause - Independent arbitrator appointed to resolve claims and defences - Application allowed.
ARBITRATION
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Courts may restrain bank guarantee encashment only in cases of egregious fraud or irretrievable injustice and interim protection may be granted to preserve pending section 9 proceedings.