Digi - Legal Insights
CRIMINAL LAW
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Current maintenance order of Rs.50,000 per month is subject to reconsideration due to these factors hence, impugned order is set aside and Petitioner-husband is directed to pay Rs.25,000/- per month to Respondent Nos.1 and 2 from 30.10.2021 till disposal of main application under Section 125 of CrPC.
RENT CONTROL
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Appellate Court found no error in reversing Trial Courts decision, asserting that tenant cannot dictate landlords business terms, especially after occupying premises for over 32 years and Plaintiffs need for additional premises during litigation process does not diminish its legitimate business expansion requirements.
CRIMINAL LAW
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Impugned order for cognizance of offence under Section 24(2) of SEBI Act, 1992 is quashed and Special Court is requested to provide an opportunity of hearing to petitioner before passing order as regards taking cognizance of offence punishable under Section 24(2) of Act in accordance with law.
RENT CONTROL
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In case regarding obstructionists' tenancy rights, legality of 32M certificates and tenancy court orders cannot be adjudicated by Executing Court due to bar under Section 85 of Act.
CRIMINAL LAW
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Special Judge failed to consider legal protections for public servants acting in their official capacity and did not adhere to procedural requirements outlined in Section 223(2) of B.N.S.S, as Applicant was not served notice or heard prior to the order hence, impugned order passed by Special Judge, is quashed and matter is remanded to Special Judge for fresh hearing.
SERVICE LAW
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Although differing from Tribunals reasoning, court upheld directive for MPSC to recommend applicants for position of Dental Surgeon, requiring implementation within six weeks.
CRIMINAL LAW
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Denial of maintenance to Petitioner No.1 is justified, as no significant errors or grounds for interference were identified in prior ruling.
SERVICE LAW
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Controlling Authority was justified in entertaining respondents application and setting aside impugned order to extent of forfeiture of gratuity.
CRIMINAL LAW
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Notification from State Government appoints the appropriate authority under Section 17(3)(b) of PCPNDT Act, indicating no need for Multi Member Committee and Authoritys search and seizure, based on document review, confirmed a "reason to believe" that justified actions taken, with no illegality involved in seizure and sealing of machines.
CIVIL LAW
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Trial Court has committed any error or illegality in rejecting both on maintainability as well as on limitations application under Order VII Rule 11 of CPC.
SERVICE LAW
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In 2019, new regulations lowered educational qualifications for role and although Appellant later achieved required qualifications, non-acceptance of his promotion stood out as a significant injustice.
RENT CONTROL
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Original tenants unlawful sub-letting was established, as burden of proof shifted to Respondents who failed to provide credible evidence of legitimate partnership and arrangement was deemed as unlawful sub-letting, warranting eviction under Act.
CIVIL LAW
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Courts authority to reject plaint under Order VII Rule 11 is contingent upon providing plaintiff an opportunity to correct any undervalued relief or insufficient court fee.
SERVICE LAW
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Subsequent promotions granted to appellant to posts of Assistant Executive Engineer and Executive Engineer is held to be valid and Appellant shall also be entitled to further promotion from date on which he became eligible thereof.
CIVIL LAW
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Eligibility is based on application submission date, as no provisions allow for document re-submission later and deletion of relevant proviso on October 10, 2002, clarifies that candidates must possess required educational qualifications at relevant date.
CONSUMER PROTECTION
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NCDRC must distinguish between claims directly attributable to estate and those that have expired with doctors death hence, impugned orders are set-aside and matter is remitted to NCDRC to be adjudicated within six months.
CRIMINAL LAW
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Bail granted to Appellant, as no evidence linked Appellant to contraband substance and he has been imprisoned since March 25, 2024, with prolonged trial pending fifteen witness testimonies.
CRIMINAL LAW
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Writ petition was premature, as efficacious alternatives existed and thus it was not suitable for consideration hence, impugned interim order set aside and quash FIR registered pursuant thereto.
CRIMINAL LAW
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Prosecution failed to prove Appellants participation in a common intention to commit murder hence, conviction under Section 302 read with Section 34 IPC is set aside and Appellant is convicted under Section 307 IPC and sentenced to period already undergone.
CRIMINAL LAW
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Petitioner has already deposited 50% of fine amount before Court hence, it would suffice to modify sentence by restricting fine amount to cheque amount.