Digi - Legal Insights
CIVIL LAW
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Plaintiff is entitled to seek relief related to possession, common amenities and damages and suit raises triable issues that cannot be dismissed prematurely.
TAXATION
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Respondent-Department failed to satisfy specific condition, resulting in illegal seizure of INR 1 crore from Petitioner, who has proven ownership of cash and it, also did not provide adequate reasoning or documentation to justify seizure, making it unauthorized under CGST Act.
CIVIL LAW
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Controller did not conduct technical analysis of competing patents, merely stating that D1 was not an appropriate document as defined by Section 25(2)(c) without justification hence, Patent Application No. 2553/MUM/2010) is remanded back for fresh consideration before different Controller.
TAXATION
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Impugned order is quashed, accepting Petitioners Settlement Application for tax period 2008-09 without adjusting refund of Rs. 33,29,000/- from 2007-08 and Respondents must refund Rs. 33,29,000/- with interest per MVAT Act to Petitioners account within two weeks of this orders upload.
SERVICE LAW
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Completion of an apprenticeship does not automatically lead to preferential treatment in recruitment, as all candidates must meet employers selection criteria for permanent positions.
CIVIL LAW
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Plaintiff is entitled to interim relief due to significant financial losses and that Defendant No.1s counterclaim lacks substance and credibility, with no basis for damages attributed to Plaintiffs actions.
PROPERTY LAW
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Petitioner was not entitled to quash communication dated 21.09.2015, as necessary notice under Section 127 was satisfied and adequate public amenities were maintained in revised development plan effective from 10.02.2019.
RENT CONTROL
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Appellate Courts findings regarding nuisance, along with other grounds relating to property law, are deemed perverse and represent a misreading of evidence, risking miscarriage of justice.
CIVIL LAW
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Defendant acknowledges their relationship with Plaintiff and Court finds that trial Court cannot make decision based solely on plaintiffs pleadings hence; it is just to allow Defendant to submit a written statement.
SERVICE LAW
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Order of Dismissal from Service passed by Respondent No.2-Deputy Inspector General (Pers) is quashed and set aside however, liberty granted to Respondent-Department to hold de novo inquiry on Charge Article (II) and (III) if so they desire.
CIVIL LAW
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Non-compliance with mandatory requirement under Section 12-A of Act would not warrant rejection of plaint at the threshold.
SERVICE LAW
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Proposals for appointment approvals, transfers, promotions, grant-in-aid vacancies, or inclusion in Shalarth system must be decided within 60 days of submission.
SERVICE LAW
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Court emphasizes need for competent authority to properly evaluate documents and make a determination on matter, leading to decision for remand for reconsideration.
PROPERTY LAW
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Petitioners, who voluntarily gave possession of 25.39 acres of land in 2000, are not entitled to claim compensation or return of their land despite their plea, as they did not contest until December 2023.
PROPERTY LAW
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Respondent No.3-State Government lacked authority to issue notifications that specified a multiplier factor of 1.00 for land acquisition related to national highways, as this power exclusively resides with Respondent No.1-Central Government.
SERVICE LAW
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Alleged excess payments were made by Respondents during his service hence, recovery sought after retirement was deemed impermissible under law.
PROPERTY LAW
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Respondent No.2 is directed to issue new order under Section 11 of MOFA to acknowledge Petitioner Societys entitlement to Deemed Conveyance for 1479.10 square metres in Navi Mumbai and to provide necessary certificates for execution and registration of conveyance.
SERVICE LAW
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Order lacked legal authority and violated established protocols, reflecting negligence in adhering to governmental policy, resulting in unnecessary administrative burdens and impugned order was deemed arbitrary and is subject to annulment under Article 226 of Constitution.
CIVIL LAW
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Executing Court has found doubts regarding existence of exceptions under Section 13 of CPC leading to thorough examination of objections and framing of issues for evidence.
SERVICE LAW
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Petitioners dispute is solely about salary scale and does not meet specific statutory conditions for appeal therefore, claim lacks jurisdictional basis and cannot be entertained.