Digi - Legal Insights
PROPERTY LAW
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Petitioners’ claim faced significant delays spanning decades without satisfactory explanation hence, no relief can be granted to Petitioners under Article 226 of Constitution.
RENT CONTROL
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Courts jurisdiction is limited to address clear errors and not re-evaluating evidence hence, appeal Courts decision placing landlords needs above tenants was upheld as justifiable.
TAXATION
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Petitioners application was not a genuine rectification application under Section 74 of Act but rather an attempt to reopen adjudicated issues through an improper forum hence, Joint Commissioner, CGST and Central Excise, has rightly observed that he is not able to rectify an order passed by Additional Commissioner.
CIVIL LAW
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Order passed by Respondent No.1-Scheduled Tribe Caste Certificate Scrutiny Committee, which invalidated Petitioners claim to 'Halbi' Scheduled Tribe status, is deemed unsustainable and should be quashed.
CIVIL LAW
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Additional Commissioners order appeared justified and not arbitrary, supporting decision for disqualification under Section 39(1) of Act due to Petitioners complicity in her husbands actions.
RENT CONTROL
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Authority granted to deceased to occupy premises ceased upon his death and his heirs have not claimed tenancy rights thereafter and occupant cannot assert any rights under Will and provisions of Rent Act are inapplicable.
RENT CONTROL
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When Appeal Court, upon reviewing available evidence, has reached a probable finding in impugned Judgment, no interference is required in limited revisional jurisdiction of Court.
CIVIL LAW
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Impugned order passed by Respondent No. 2 disqualifying Petitioner as elected member and Sarpanch of Village Panchayat is erroneous and is thus quashed and set aside.
CIVIL LAW
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Competent Authority of SRA is directed to finalize Annexure- II in respect of slum scheme in respect of land.
EDUCATION
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Authorized amount will be disbursed within two weeks after determination and if Petitioner is deemed ineligible for reimbursement, reasoned decision will be issued, allowing Petitioner to seek legal remedy.
CIVIL LAW
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Defendants Interim Application No.3243 of 2025 is successful, concluding that Suit ought to have been filed only after obtaining permission of Charity Commissioner under Sections 50 and 51 of Act.
EDUCATION
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Denying admission based on technical reasons would be unjust hence, Respondent No.1 directed for creation of Supernumerary seat for admission Undergraduate Technical Course in Engineering and Technology for securing Petitioners admission.
CIVIL LAW
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Eviction order contradicts Acts intent and lacks consideration of harassment or neglect, leading to conclusion that both eviction and appellate orders are unsustainable.
CIVIL LAW
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Petitioner proved her caste claim as "Tokre Koli, Scheduled Tribe" using documentary evidence from pre and post-Independence eras, leading the Committee to issue her a validity certificate.
RENT CONTROL
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Impugned order directing Appellant-Licensee to pay damages at double the rate of license the fee or charge of premises fixed under agreement of license, held proper.
PROPERTY LAW
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Delay in compensation payments, amounting to over three decades, weakens any arguments regarding delay and laches hence, Respondents ought to initiate process for acquisition of piece of land to determine and pay compensation to Petitioners under Act.
MOTOR ACCIDENT COMPENSATION
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Insurance Company directed to pay enhanced compensation of Rs.88,000/- to parents along with interest @ 7.5% per annum.
MOTOR ACCIDENT COMPENSATION
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There is no straitjacket formula for holding a persons notional income and it must be applied judiciously considering notifications from government authorities defining minimum wages.
MOTOR ACCIDENT COMPENSATION
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If vehicle has been sold to an innocent buyer who has paid necessary customs duties, registration must be maintained under Section 40 of Act to protect buyer from repercussions of fraud.
PROPERTY LAW
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Impugned order rejecting application under Section 28-A of Act for want of certified copy and also holding barred by limitation set aside and matter remitted back to Respondent No.2 to decide application under Section 28A of Act.