Digi - Legal Insights
CIVIL LAW
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Interlocutory orders of
an Arbitral Tribunal cannot be challenged under Article 227 of Constitution.
CIVIL LAW
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Execution of a decree
must be filed within 12 years; filing beyond limitation period renders
execution petition not maintainable.
CIVIL LAW
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Lease extension and
premium waiver-Discretion to waive additional premium must balance equities;
waiver partly allowed.
CIVIL LAW
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Unfair labour practice
and delay-Labour Court cannot allow delayed complaint without just cause after
employer raises limitation plea.
CIVIL LAW
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Tribunal cannot decide
disputes between workmen and trade union; not an industrial dispute.
CIVIL LAW
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High Courts must
determine whether arbitration clauses extend to new contractual obligations
before referring matters to arbitration.
CIVIL LAW
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Fraud and misrepresentation-False
pleading to invoke territorial jurisdiction amounts to fraud; decree vitiated.
CIVIL LAW
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Insurers cannot deny
claims based on arbitrary interpretations of policy terms; courts must ensure
adherence to contractual obligations.
CIVIL LAW
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Widows right and
Section 14-Property acquired in lieu of maintenance becomes absolute property
under Section 14(1).
CIVIL LAW
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Vice-chairman alone can
perform Chairmans duties; such powers cannot be delegated to any other member.
CIVIL LAW
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Borrowers must be given
an opportunity to explain forensic audit findings before their accounts are
classified as fraud under RBI guidelines.
CIVIL LAW
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Additional evidence on
appeal-Rejection of additional evidence without applying mind warrants remand.
CIVIL LAW
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Landlords bona fide
requirement upheld; tenant failed to prove hardship.
CIVIL LAW
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Business disputes
cannot be used to delay eviction from licensed premises when residential use
under license is established.
CIVIL LAW
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Lack of material facts-Election
petition devoid of basic pleadings on corrupt practice liable for rejection
under Order VII Rule 11.
CIVIL LAW
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Arbitration clauses in
agreements for sale cease to apply once a conveyance deed is executed;
subsequent transactions are governed by new contracts.
CIVIL LAW
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Employee claiming back
wages must plead and prove non-employment or lower earnings during termination;
failure to do so justifies denial of back wages.
CIVIL LAW
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Mere listing of a house
as encroachment without substantial evidence does not justify disqualification
under Section 14(1)(j-3) of Maharashtra Village Panchayats Act.
CIVIL LAW
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100% pension cut
disproportionate; modified to 50% permanent cut.
CIVIL LAW
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Restrictions in a draft
regional plan apply prospectively and do not invalidate pre-existing development
approvals.