Digi - Legal Insights
CIVIL LAW
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Court Receiver can be
appointed to enforce decree where obstructionist uses fraudulent documents.
CIVIL LAW
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Compromise decree does
not override prior contract; specific performance may still be enforced.
CIVIL LAW
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Question of locus
standi should be based on facts before Commercial Appellate Court, not on
extraneous documents.
CIVIL LAW
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Stay under Section 10
CPC not applicable to parallel proceedings before Consumer Commission as it is
not a Civil Court.
CIVIL LAW
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Scrutiny Committees
rejection of caste claim upheld as based on interpolated documents and proper
appreciation of record.
CIVIL LAW
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Doctrine of no work no
pay applies where petitioner failed to plead or prove lack of gainful
employment.
CIVIL LAW
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Chunnilal Hariji Pardhi
Transfer of derecognized school upheld as per new GR permitting Statewide
transfer, superseding earlier 10 km limitation.
CIVIL LAW
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Interim relief under Section 9 cannot be granted to
sustain agreements contrary to FDI regulations and public policy.
CIVIL LAW
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Limitation for execution
of award runs from date of award under Article 136; application filed in 2023
is time-barred.
CIVIL LAW
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Application for
appointment of arbitrator dismissed as CPC does not apply and individual
agreements require separate proceedings.
CIVIL LAW
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Section 9 petition
disposed with liberty to seek relief before tribunal under Section 17 where
dues, third-party use, and escalation terms need assessment.
CIVIL LAW
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Additional award is
valid if conditions of Section 33(4) are met and setting aside such award
separately is legally erroneous.
CIVIL LAW
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False claim of
qualification and suppression of facts disentitles candidate from appointment
consideration.
CIVIL LAW
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Removal from committee
without evidence of misconduct is unsustainable and violative of fairness.
CIVIL LAW
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Project, in public
interest, must progress without interruption and intervention of Court in such
cases should be minimal.
CIVIL LAW
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Retrenchment effected
without following statutory procedure under Section 25F amounts to violation
despite absence of mala fides.
CIVIL LAW
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Show cause notices with
arguable issues cannot be quashed at pre-adjudication stage; statutory remedies
must be exhausted first.
CIVIL LAW
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Distance education MBA
equivalent to regular MBA cancellation set aside.
CIVIL LAW
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A teacher upgraded to
an aided establishment after three years of unaided service is entitled to
salary proportionate to 40% grants until completing six years, after which full
approval must be granted.
CIVIL LAW
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Tenant cannot challenge
eviction based on unsubstantiated claims of business dealings unrelated to
tenancy rights.