Digi - Legal Insights
CIVIL LAW
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Rejection of duty
credit scrip applications without proper reasoning or a speaking order is
unsustainable.
CIVIL LAW
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License expired by
efflux of time invalidates the tenants right to claim protection under the Act.
CIVIL LAW
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Failure to deposit the full amount of arrears,
interest, and suit costs leads to eviction under the Rent Act.
CIVIL LAW
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Tenants under
unregistered lease agreements cannot frustrate eviction orders by Small Causes
Court through fabricated claims.
CIVIL LAW
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A student is entitled
to a scholarship if no intentional misconduct is found, despite discrepancies
in forms or delayed admission cancellation.
CIVIL LAW
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Security guards
deployed for property protection have no nexus to the employers core function
and do not constitute an employer employee relationship.
CIVIL LAW
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The employer is the
best judge to determine whether experience at a particular company qualifies
for recruitment under specific criteria.
CIVIL LAW
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Eligibility criteria
cannot be altered after the selection process has been initiated.
CIVIL LAW
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Allegations of judicial
impropriety must be substantiated; misuse of legal proceedings for personal
gain is condemnable.
CIVIL LAW
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A candidates
disqualification is valid only if they have an interest in a contract with the
Zilla Parishad and not just the Gram Panchayat.
CIVIL LAW
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Failure to issue notice
under Section 11(5) of the MOFA Act vitiates the deemed conveyance process.
CIVIL LAW
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A daughters right as a
coparcener under the amended Hindu Succession Act is absolute, irrespective of
her date of birth.
CIVIL LAW
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The disciplinary
committee under the IBC can consist of either a single whole-time member or
multiple whole-time members.
CIVIL LAW
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Confiscation of
artworks violating contemporary standards of morality must consider artistic
and cultural significance.
CIVIL LAW
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Delay
in filing a restoration application must be supported by evidence; lack of
intimation by counsel is not a valid excuse.
CIVIL LAW
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Delay applications must
be supported by valid reasoning and necessary documentation.
CIVIL LAW
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Dependency proved at
the time of death entitles all claimants to compensation, irrespective of
subsequent employment of one of them.
CIVIL LAW
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A plaintiff must
establish consumer confusion with direct evidence; mere similarity is
insufficient.
CIVIL LAW
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Legal heirs must
establish their independent necessity for eviction to sustain the claim.
CIVIL LAW
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Landlords must
substantiate the necessity for commercial property possession; non-use by a
family member does not establish a bona fide requirement.