Digi - Legal Insights
SERVICE LAW
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It is established that Petitioner No.1 was not formally appointed to Geography position but was given an additional charge for it hence, impugned order is deemed to be based on incorrect facts and is therefore subject to being quashed.
SERVICE LAW
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Municipal Corporations service rules provide for an upgrade after seven years of continuous service, which constitutes a vested right of employee that cannot be revoked without a valid amendment hence, Respondents cannot circumvent this by using a Government Resolution without amending rules directly.
CIVIL LAW
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Cooperative Court maintains jurisdiction over dispute as it involves societys management and property, with Respondent No.1s claims linked to society, distinguishing this case from scenarios involving third-party private transactions.
CIVIL LAW
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Denial of benefit of maternity leave to Petitioner only on ground that Petitioner was granted a technical break of 1 or 2 days in service is unjustifiable and untenable.
PROPERTY LAW
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Claimants are entitled to statutory benefits, including rental compensation for time deprived of land income hence, Reference Courts conclusions were determined incorrect, warranting modifications to initial awards.
CIVIL LAW
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It is necessary to conduct detailed investigation into genealogy claims made by Petitioner and his father, following a review of multiple genealogy charts.
SERVICE LAW
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Respondent Bank is directed to consider application of Petitioner for appointment of his son on compassionate ground and in lieu thereof grant lumpsum exgratia payment.
CIVIL LAW
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Petitioners wife was COVID positive at time of death, supported by substantial medical evidence hence, impugned order of collector set aside and Authorities are mandated to decide on claim within eight weeks.
SERVICE LAW
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Administration has failed to respond to requests for Petitioners appointment based on compassionate grounds, effectively undermining intended purpose of appointment scheme hence, school Management directed to comply with Education Officers directives.
SERVICE LAW
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Petitioners did not provide sufficient grounds for intervention and transfers within district did not warrant extraordinary scrutiny under Article 226 of Constitution.
TAXATION
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Transaction involved the transfer of immovable property rights and it lacked any connection to Petitioners business activities, indicating an absence of supply of service as defined by law hence, impugned Show cause notice issued by Respondent No.1 is set aside.
CIVIL LAW
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Impugned order quashed and remanded for Minister to reevaluate and provide concrete findings on alleged misappropriation of food grains by Respondent No. 3/DSO.
PROPERTY LAW
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Petitioners' claim for larger commercial structures is unfounded, as they do not own land and have exceeded originally allotted space.
CIVIL LAW
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Lack of seriousness from Petitioners in contesting suit, which has been ongoing since 2018 and reasons insufficient to condone delay hence, order rejecting Petitioners' application to file written statement, proper.
RENT CONTROL
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Matter, concerning a residential flat, does not support Respondents claims based on previous judgments hence; Respondent is directed to hand over possession of suit flat to Petitioner.
CIVIL LAW
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Rejection of Plaint based on Order 7 Rule 11 of CPC is deemed inappropriate, as case seeks to protect deceaseds estate and must continue alongside probate proceedings.
SERVICE LAW
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No evidence showed that employees of other CPSEs perform similar work, hold similar qualifications or discharge similar responsibilities hence, decision by MOIL to maintain distinct pay structure is justified for administrative efficiency.
SERVICE LAW
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Respondents-employees have proved before Industrial Court that they have completed 240 days of continuous service in one calendar year therefore, Industrial Court has rightly granted permanency in their favour.
SERVICE LAW
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Lack of a properly marked 'Domicile Certificate' should not disqualify a candidate whose entire record is from Maharashtra.
SERVICE LAW
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Voluntary retirement, while considered premature, does not deprive an employee of their pension benefits.