Digi - Legal Insights
CIVIL LAW
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Petitioner held
entitled to parity of wages where contract workers performed same work as regular
employees; failure of employer to disprove claim.
CIVIL LAW
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Mere failure by
Tahsildar in not sending copy of actual requisition to Sarpanch or Upa-Sarpanch
would not invalidate validly adopted motion of no-confidence. 2004(Supp.2)
Bom.C.R. 1031 rel.on.; (2018)5 Bom.C.R. 570; (2003)2 Bom.C.R. 239(A.B.);
2002(Supp.2) Bom.C.R. 755(A.B.) dis.
CIVIL LAW
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Appeal under Section 39
of Maharashtra Village Panchayats Act, 1959 must be decided within time;
guidelines to expedite disposal of Panchayat disqualification cases.
CIVIL LAW
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Order without show
cause and reasons violates principles of natural justice and proportionality;
set aside.
CIVIL LAW
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Civil Court must
examine statutory remedy exhaustion before granting injunction in illegal
construction cases.
CIVIL LAW
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Insurance policy terms
strictly construed; claim for death of Secu rity Guard rejected as policy only
covered cleaners/supervisors.
CIVIL LAW
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Compensation enhanced
after recalculation of salary, future pros pects, and dependency; insurer and
employer held jointly liable
CIVIL LAW
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Notional income, future
prospects, and non-pecuniary losses must be appropriately accounted for in
calculating compensation.
CIVIL LAW
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Amount received under
mediclaim policy not de ductible from compensation awarded under Section 166.
CIVIL LAW
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Deed executed in breach of prior mortgage and
without NOC is voidable; no second charge rights accrue to appellant.
CIVIL LAW
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Courts below rightly
treated transaction as mortgage by conditional sale and alternate plea of
specific performance was unjustified.
CIVIL LAW
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Order granting
maintenance to wife under Section 125 CrPC upheld; husbands income and neglect
to maintain wife proved.
CIVIL LAW
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Order of Minister set
aside as perverse and contrary to Rule 28 of Maharashtra Country Liquor Rules
which gives exclusive power to Collector to transfer license.
CIVIL LAW
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MACT award for death
claim modified; insurance companys liability restricted to policy terms;
interest awarded at 8% p.a.
CIVIL LAW
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Mutation entries restored
as deletion of petitioners name without no tice violated natural justice and
Revenue Code provisions.
CIVIL LAW
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Mutation entry deleted
without notice to petitioner; order of Naib Tahsildar set aside for violation
of natural justice and due procedure.
CIVIL LAW
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Disputed title and
compensation apportionment issues must be decided in civil suit; writ remedy
not maintainable.
CIVIL LAW
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Disbursement without
adjudication of prima facie claims is improper; SDO must refer apportionment
disputes
CIVIL LAW
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Constitutional validity
of PMP Act upheld as it only acquires right of user (not land) and reasonable
classification for compensation exists.
CIVIL LAW
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Compensation modified to 60% per sq. ft. with 20%
deduction towards development charges following parity with coordinate bench
decision.