Digi - Legal Insights
CIVIL LAW
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Legal representatives
cannot introduce additional evidence at the final hearing unless justified
under Order XXII Rule 4(2) CPC.
CIVIL LAW
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A person not party to the suit or without legal representative status cannot object to execution of a decree under Section 47 CPC.
CIVIL LAW
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Settlement with one
respondent does not absolve others unless terms of the compromise clearly state
so.
CIVIL LAW
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In motor accident
cases, liability is determined by police evidence and facts, with maintenance
deductions adjusted for earnings.
CIVIL LAW
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Once caste validity is issued, social status is
conclusively established, and technical discrepancies cannot be a ground for
rejection.
CIVIL LAW
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Failure to pass an
award within the stipulated time under the Land Acquisition Act results in
lapsing of acquisition.
CIVIL LAW
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Inordinate delay in
pursuing relief and speculative motives under the 2013 Act cannot justify
interference with acquisition under Article 226.
CIVIL LAW
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Objections to jurisdiction must be explicitly raised
and substantiated during the trial.
CIVIL LAW
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Perpetual injunction suits involving property rights
related to tenanted premises fall under the jurisdiction of Rent Courts.
CIVIL LAW
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Supply of alcoholic
liquor for human consumption is outside the purview of GST under Article 246 of
the Constitution.
CIVIL LAW
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Interest must be
calculated as per Order XXI Rule 1 CPC until full realization of the decree
amount.
CIVIL LAW
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Interest accrual does
not cease if a decree amount is deposited in a court other than the executing
court.
CIVIL LAW
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Delays attributable to
authorities in refunding taxes justify interest payments under the GST Act.
CIVIL LAW
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Daughters right to
inherit does not apply retroactively before enactment if the father died prior,
leaving behind a widow.
CIVIL LAW
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Interest must be
calculated as per the decree terms and appropriated towards accrued interest
first before adjusting against the principal.
CIVIL LAW
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Denial of export
subsidy benefits under a Government scheme without valid reasoning is
unsustainable.
CIVIL LAW
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Fraudulent compensation
claims based on fabricated documents should be dismissed with costs imposed on
claimants.
CIVIL LAW
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Rejection of duty
credit scrip applications without proper reasoning or a speaking order is
unsustainable.
CIVIL LAW
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License expired by
efflux of time invalidates the tenants right to claim protection under the Act.
CIVIL LAW
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Failure to deposit the full amount of arrears,
interest, and suit costs leads to eviction under the Rent Act.