Digi - Legal Insights
CIVIL LAW
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Violation of a court
injunction and continuation of unauthorized construction justifies demolition
without further restraint.
CIVIL LAW
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Belated counter-claim
alters proceedings substantially; cannot be allowed.
CIVIL LAW
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A counter-claim must be
valued and proper court fees paid; rejection based solely on success
probability is erroneous.
CIVIL LAW
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Legislative
restrictions on cooperative societies governance do not violate constitutional
rights unless a clear breach of Part III rights is demonstrated.
CIVIL LAW
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Disputes over ownership
and title cannot be adjudicated in writ proceedings; they require comprehensive
civil court examination.
CIVIL LAW
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Termination
of transport contract-Action taken based on investigation findings and
agreement terms is not arbitrary.
CIVIL LAW
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Regulatory penalties
under Consumer Act not covered by IBC moratorium.
CIVIL LAW
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Unauthorized hutments,
despite court orders, were protected by inaction from municipal authorities;
strict action is necessary against slumlords to deter future encroachments.
CIVIL LAW
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Delay condoned with condition of no interest;
alternate remedy not a bar.
CIVIL LAW
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In light of prolonged
litigation and lack of available work, lump sum compensation granted in place
of reinstatement and back wages.
CIVIL LAW
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Compensation must be
based on actual wages; insurer not liable where employee not covered under
policy.
CIVIL LAW
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Time limit must be read
to apply from date of majority of minor applicant.
CIVIL LAW
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Amendment of decree-Clerical
error in operative part of decree can be corrected under Sections 152 and 151.
CIVIL LAW
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Rejection of plaint
under O. VII R. 11-Plaintiffs coparcenary claim raises triable issue and cannot
be rejected at threshold.
CIVIL LAW
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Orders of Charity Commissioner can be reviewed if
they fail to consider statutory obligations under trust laws.
CIVIL LAW
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Caveatrix with no Class-I heirship has no caveatable interest.
CIVIL LAW
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Banks must follow due
process under Insolvency and Bankruptcy Code for debt recovery; arbitrary
measures are not permitted.
CIVIL LAW
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Deposit of auction proceeds under court orders does not constitute payment if withdrawal is restricted, and contractual interest continues to apply.
CIVIL LAW
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Parties restored to
pre-arbitral position; Sole Arbitrator appointed considering specific nature of
jurisdiction under Sections 34 and 37.
CIVIL LAW
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When some services in a
show cause notice qualify for exemptions and others do not, entire notice
cannot be quashed.