Digi - Legal Insights
CIVIL LAW
Details
Issue of waqf by user remains unresolved and injunction sought does not fall within Tribunals jurisdiction hence, plaint is rejected and Tribunals order, along with High Courts affirmation, is set aside.
CIVIL LAW
Details
Public Service Commissions of States must select candidates based solely on qualifications as per Drug Rules, disregarding State Rules on experience, as these additional requirements are deemed ultra vires to Act.
CRIMINAL LAW
Details
High Courts reliance on witness statements to imply knowledge of second marriage was deemed inadequate, as mere knowledge does not equate to establishing common intention or involvement in marriage procedure.
CRIMINAL LAW
Details
Impugned order grating bail cannot be upheld due to certain omissions and matter of bail requires reconsideration by competent Court, leaving other arguments for future deliberation.
ARBITRATION
Details
There is no existence of arbitration agreement and therefore, decision of High Court to appoint an arbitrator requires interference.
CRIMINAL LAW
Details
Registry is directed to develop software along similar lines in collaboration with NIC or otherwise, for automatic consideration of prisoners applications for premature release in accordance with their respective policies/schemes.
CIVIL LAW
Details
High Court cannot overstep its jurisdiction under Article 227 of Constitution by interfering with Appellate Benchs discretion to allow an amendment to plaint following landlords death during appeal.
CIVIL LAW
Details
Reliefs sought by Panchayat aim to restrain Corporations statutory authority related to municipal planning, a matter governed by public law, which cannot be handled in civil suits focused on private rights.
CRIMINAL LAW
Details
Polices failure to follow proper procedures during investigation contributed to unresolved crime and raised concerns about effectiveness of authorities in conducting criminal investigations hence, impugned order of conviction and sentence set aside.
CRIMINAL LAW
Details
Due to non-compliance with statutory obligations and lack of necessary information in bail application, impugned order cannot be upheld, necessitating reevaluation of bail request by competent Court without delving into cases merits.
CRIMINAL LAW
Details
Even if Will were proven forged, aggrieved parties would be property purchasers thus, further prosecution of appellant regarding Charge sheet is deemed unjustified and an abuse of court process.
CRIMINAL LAW
Details
Trial Courts must request reports on aggravating and mitigating circumstances post-conviction and High courts are to ensure these reports are recorded before admission of death references and dedicated legal teams must be assigned to represent convicted individuals in death sentence confirmation references.
CRIMINAL LAW
Details
Prosecution failed to prove its case against appellants beyond reasonable doubt hence, impugned judgment of conviction passed by High Court is set aside and Appellants are acquitted of all charges.
CRIMINAL LAW
Details
Appellants are deemed eligible for release and it is ordered that they be released on bail, contingent upon meeting bail bond requirements set by trial Court and any additional conditions it may impose.
ARBITRATION
Details
Arbitral Tribunal is not justified in awarding pre-award/pendente lite interest in favor of respondent-claimant, contrary to Clause 16(3) and Clause 64(5) of General Conditions of Contract (GCC) and this award is liable to be set aside.
PROPERTY LAW
Details
Appellants are permitted to seek compensation re-determination based on High Court award, regardless of prior compensation received, as there is no statutory prohibition against it.
CRIMINAL LAW
Details
Immediate transfer of declared juveniles to observation homes to uphold their rights and Court calls for improved coordination among all stakeholders to prevent future lapses.
CIVIL LAW
Details
APTEL order is set aside regarding compensation for coal procurement to address shortfalls during operationalization of Ganeshpur captive coal block however, compensation relating to Change in Law events from 25.08.2014, including carrying costs until actual payment, is upheld.
CIVIL LAW
Details
Appellant, APMCD, failed to act for three years regarding joint inspection before fire incident, leading to claims of unfulfilled conditions hence, impugned judgment of Division Bench is set aside and that of Single Judge is restored.
SERVICE LAW
Details
Despite the Appellants age and exoneration in departmental proceedings, statutory requirements for gratuity release remain unchanged as per Rule 69(1)(c) of the Rules.