Digi - Legal Insights
SERVICE LAW
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High Court erred in setting aside order of Industrial Court passed in 2020 granting appellant-employee compensation to tune of Rs.8,09,218/- as back wages from October 1993 till 20th January 2011.
CRIMINAL LAW
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Demand for duty during period from November 2004 to March 2007 was deemed time-barred, as notice issued in April 2008 exceeded one-year limitation set by Section 11-A (1) hence, order of Tribunal which affirmed order of original authority and appellate authority are set aside.
CIVIL LAW
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Forfeiture of Earnest Money Deposit (EMD) was warranted as per auction conditions, dismissing appellants claims as mere attempts to evade responsibility hence, no reason to interfere with impugned order.
CRIMINAL LAW
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Considering circumstances, child is to be handed over to grandparents and contempt case stands closed but with directions regarding custody of child.
CIVIL LAW
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Proceedings resulting in Appellants removal as Mathadhipati of Mutt are flawed due to violations of natural justice hence, impugned order of High Court is set aside along with associated removal and enquiry reports.
CIVIL LAW
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Although JBVNL has initiated proceedings for CPP Agreement violations, it necessary to present additional facts to JBVNL through a third party, leading to adoption of an interim measure deemed appropriate.
CRIMINAL LAW
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Superficial changes to goods do not create distinct product and excise duty requires proof of marketability, which lies with Revenue and Appellants process does not yield distinct product hence, impugned judgment is set aside.
CIVIL LAW
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Judgment passed by Trial Court decreeing suit for specific performance is restored, as plaintiff proved his readiness and willingness under Section 16(c) of Act.
CRIMINAL LAW
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Right to a speedy trial is not exclusively prerogative of accused but is equally a valuable right of victim.
CRIMINAL LAW
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A criminal proceeding can be quashed based on a settlement between accused and actual victim who suffered loss or injury, even without consent of informant.
TAXATION
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A final settlement order passed by Income Tax Settlement Commission precludes Assessing Officer from initiating reassessment proceedings.
PROPERTY LAW
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A writ court cannot entertain a second writ petition on same relief.
CIVIL LAW
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State directed to create structured, time-bound eviction plan within a month, detailing measures for physical eviction, rehabilitation, legal actions against violators, and ecological restoration, with monitoring and accountability mechanisms in place to ensure compliance and timely disposal of related legal proceedings.
CRIMINAL LAW
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For a preventive detention order to be valid, it must clearly establish necessity for preventing future misconduct, rather than simply reinforcing existing allegations from ongoing criminal proceedings.
CRIMINAL LAW
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High Courts decision to overturn Trial Courts findings based solely on lack of personal delivery of notice was deemed erroneous hence, judgment passed by Trial Court sentencing respondent No.2 to undergo simple imprisonment for six months and to pay fine of Rs.3,00,000/-, with default stipulation of further imprisonment stands restored.
CRIMINAL LAW
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Keeping appellants in pre-trial custody is deemed unproductive, leading to success of their appeals hence, impugned orders passed by High Court are set aside and Appellants shall be released on bail in connection with present case.
CRIMINAL LAW
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Both Sessions Court and High Court overlooked critical discrepancies, leading to an erroneous conviction and given reasonable doubts about appellants involvement, he must be granted benefit of doubt despite victim's tragic outcome.
CRIMINAL LAW
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Husband has paid agreed permanent alimony, leading Court to dissolve marriage hence, all pending cases enumerated in table and any other cases being of either civil or criminal nature filed inter se between parties, stand quashed and parties are also directed not to file any fresh cases against each other.
CRIMINAL LAW
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Prosecution has not provided sufficient proof to negate accuseds innocence or establish definitive link to murders hence, impugned order of conviction needs to be upheld.
SERVICE LAW
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A writ petition challenging a selection process is liable to be dismissed when petitioners fail to establish higher merit than selected candidates.
Judgement
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