Digi - Legal Insights
CIVIL LAW
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Under provisions of Act and Rules, strict compliance with procedure, this is prescribed with object of arresting unscrupulous and improper practices in matter of resignation of elected representatives.
CIVIL LAW
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Deputy Registrar acted without jurisdiction in including these individuals in registration proposal and ordering maintenance bills in their names, rendering orders from December 2022 and 2023 illegal.
CIVIL LAW
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Respondent no. 3 is not protected by a "grandfathering" provision regarding his classification due to absence of legal basis for continued discrimination against him.
CIVIL LAW
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Society is permitted to charge twenty-one percent interest based on its bye laws and Petitioners failed to demonstrate any legal barrier against this rate hence, no valid ground to set aside judgment and order passed by authorities.
SERVICE LAW
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Petitioner should not be held accountable for irregularities committed by Management, as he has faced prolonged financial instability based on promises of regular salary thus, blame lies with Management for these deficiencies.
SERVICE LAW
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Petitioners having repeatedly obtained benefits contrary to binding orders and undertakings cannot seek equitable relief.
SERVICE LAW
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Respondents are required to increase Petitioners salary to match junior associate professor as of 01.09.2008, without discrimination based on junior associate professor Ph.D. status.
SERVICE LAW
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No evidence of discrimination or arbitrariness was found, as all candidates without ANM qualifications were disqualified hence, Petitioner, not possessing essential qualification of ANM, has been rightly excluded from consideration.
EDUCATION
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Impugned order regarding cancellation of an examination centre lacks clarity and detail regarding nature of malpractice therefore, institutional penalties should be proportionate and evidence-based, thus allowing for regulatory directions to reinforce examination integrity while ensuring student welfare.
SERVICE LAW
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Policy decisions regarding recruitment, such as setting eligibility criteria and disqualifications, are primarily employers responsibility and are subject to constitutional validity and Courts do not function as appellate authorities over these policy choices.
SERVICE LAW
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Court cannot modify Government Resolutions operative date unless arbitrariness or illegality is shown under Article 226 of Constitution.
SERVICE LAW
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Period of suspension of eight months should be included in Petitioners qualifying service for pension benefits, as Competent Authority did not specify otherwise.
CIVIL LAW
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Chief Justices power to appoint additional sitting places is recognized as independent and does not negate Union Governments authority under Section 51(2) of Act hence, challenge to notification dated 01.08.2025 is without merit.
CIVIL LAW
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Trial Court erred in rejecting Defendants applications and case should not proceed due to lack of legitimate cause of action hence, Plaint in Special Civil Suit is rejected under provisions of Order VII Rule 11 of CPC.
EDUCATION
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It is necessary and compelling to formulate subordinate legislation by issuing necessary rules and regulations, prescribing method and manner by which children of weaker and disadvantaged sections are to be admitted in neighbourhood schools.
PROPERTY LAW
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Appellants' agricultural lands are classified as irrigated hence, market value of acquired lands is established at Rs. 1,199 per Are, entitling claimants to compensation at that rate.
CIVIL LAW
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Once bifurcation is registered, assets and liabilities transfer automatically without needing additional approval hence, bifurcation is deemed valid, beneficial to members and reflective of cooperative laws intent to foster cooperation rather than impose hardships.
CIVIL LAW
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Impugned order to deny amendment aimed at abandoning suit against Defendant No. 5 was found inappropriate and should be overturned.
CIVIL LAW
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Agreement to sell cannot be viewed as a conveyance due to the lack of immediate possession delivery, negating need for stamp duty.
SERVICE LAW
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Pension is an enforceable right and part of employees lawful entitlements under the relevant statutes.