Digi - Legal Insights
SERVICE LAW
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Education Officers inaction cannot invalidate appointment without demonstrating any fraudulent activity hence, Petitioners case was upheld, leading to quashing of impugned order.
SERVICE LAW
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Impugned order passed by Respondent No.4 quashed and Education Officer shall grant approval to Petitioner No.1 on posts of Junior Clerk in regular pay scale with effect from date of their appointments and shall release salary grants accordingly.
SERVICE LAW
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Preliminary objection is upheld and petition is not entertained due to availability of an effective alternative remedy under Act.
CIVIL LAW
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Allegations of fraud and unilateral contract cancellation support validity of plaint, rejecting outright dismissal under Order VII Rule 11 of CPC hence, Trial Courts decision appears reasonable and well-founded based on plaint and applicable legal standards, showing no grounds for calling order into question.
SERVICE LAW
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Petitioners claim not to have her right to contest elections denied is acknowledged, but necessity of resolution in preserving function of Anganwadi workers is upheld.
PROPERTY LAW
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Consolidation scheme was fully implemented prior to 1975 and attempts to contest it 38 years later were deemed likely to disrupt settled claims.
SERVICE LAW
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Petitioner, initially appointed to an unaided post in 2008 and transferred to a fully aided post in 2017 after nine years of service, is entitled to full salary grants since transfer is classified under Rule 41 of Rules and is not a fresh appointment.
SERVICE LAW
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Respondent 3 is required to grant approval for Petitioners appointment as Shikshan Sevak starting from 19-01-2012 and later as Assistant Teacher from 19-01-2015.
CIVIL LAW
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No significant error in prior decision and declines to intervene, noting procedural shortcomings in rejection of plaint requests.
CIVIL LAW
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Petitioner has provided sufficient documentary evidence to establish that her mother belongs to Scheduled Caste of 'Mahar' and Scrutiny Committee erroneously dismissed this documentation on basis of lack of paternal records, which contradicts precedents set by Supreme Court.
CIVIL LAW
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Trial Courts failure to consider Section 29 of Limitation Act renders impugned order unsustainable hence, impugned order is quashed and Plaint in suit shall stand rejected.
PROPERTY LAW
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Petitioner No. 2-Developer breached conditions by failing to seek necessary permissions, justifying cancellation of NOC.
SERVICE LAW
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Petitioner is entitled to be reinstated with full back wages from termination date, 28.02.2019, along with interest, payable by Management within two weeks.
PROPERTY LAW
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Plaintiffs challenge to termination of lease deeds was deemed maintainable, as he failed to demonstrate dispossession without due process.
CIVIL LAW
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Service Law –
Termination order set aside for breach of natural justice as petitioner was not
informed of proposed punishment or given chance to respond.
MOTOR ACCIDENT COMPENSATION
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Claimants are entitled to an enhanced compensation amount of ₹ 27,68,711/- plus 7% interest from claim petition date, a modification from previous amount of ₹ 7,56,070/-.
RENT CONTROL
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Tenant cannot evade statutory obligations through Clause 5 and Municipal Corporations inaction cannot fault landlady thus, Appeal Courts interpretation regarding permanent alterations and damages to premises is unsustainable.
SERVICE LAW
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Petitioner is unfit for selection due to physical demands of roles requiring candidates to be physically fit hence, impugned order passed by Respondents held proper.
CIVIL LAW
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Appellant had operated ration shop without contest and had received renewed approval with no complaints against them hence, appeal was deemed to be resolved in favor of Appellant, ensuring equal treatment for all Applicants.
CIVIL LAW
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Case is remitted to Committee for reevaluation regarding caste validity certificate, with a directive that if Petitioner proves first cousin brother of Petitioner relation, Committee will make a decision based on relevant criteria.