Digi - Legal Insights
SERVICE LAW
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Only those certified as not part of Creamy Layer by specified date qualify for OBC benefits and State Government revisit three-year validity rule for OBC Certificates, suggesting that it undermines certificates intended purpose due to potential income changes over time.
SERVICE LAW
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Order of termination unsustainable due to absence of a domestic inquiry amid serious allegations and criminal proceedings.
PROPERTY LAW
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Superintendent of Land Records was justified in correcting clerical error regarding land area in Scheme and corrections were supported by objective material and addressed a defect arising from original Scheme's non-enforcement as per Act.
CIVIL LAW
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Export subsidy under separate schemes-Petitioner eligible
for subsidy under distinct scheme; no double benefit arises.
CIVIL LAW
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Sale
agreement liable for stamp duty; document rightly impounded.
CIVIL LAW
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No separate
notification required if slum is already censused; no legal infirmity in
project.
CIVIL LAW
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Regularization and
parity of Special APPs-Contractual appointees not entitled to regularization,
but deserve parity in honorarium and dues.
CIVIL LAW
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Modification of posting
without reason-Transfer order issued post election without justification
rightly interfered with by Tribunal.
CIVIL LAW
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Delay and laches-Employment
claim filed after unreasonable delay without pursuing remedies earlier is not
entertainable.
CIVIL LAW
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Employee transferred to
another division loses seniority in new division; prospective government
resolutions do not apply retrospectively.
CIVIL LAW
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There is no inherent
right to revaluation in selection processes unless specifically provided in
policy; minimum benchmark requirements are valid.
CIVIL LAW
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Unregistered and
insufficiently stamped partition deed cannot be relied upon as secondary
evidence.
CIVIL LAW
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Access to proper
washrooms is a fundamental right under Article 21, and all courts must ensure
hygienic facilities for judges, lawyers, litigants, and staff.
CIVIL LAW
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Plaintiff failed to
establish easementary right by prescription or necessity; concurrent findings
upheld.
CIVIL LAW
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Substantive rights
under eligibility certificate cannot be revoked without notice.
CIVIL LAW
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Discretionary pension
cannot be reviewed in absence of patent illegality under Section 114 and Order
XLVII of CPC.
CIVIL LAW
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When original purpose
for which land was taken by state ceases, religious institution has a right to
seek reversion of land under governing statute.
CIVIL LAW
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Recovery notices
attempting to re-open past closed claims under a policy circular are arbitrary
and violate principle of res judicata.
CIVIL LAW
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Bonafide need and
partial eviction-When only one legal heir desires eviction, partial eviction
decree is proper.
CIVIL LAW
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Charity Commissioner
can proceed under Section 41D even if change report is pending.