Digi - Legal Insights
CIVIL LAW
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The chairman of a trust
lacks authority if proper legal procedures are not followed.
CIVIL LAW
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Raising eligibility
objections against the arbitrator for the first time in proceedings under
Section 34 of the Arbitration Act is an afterthought and unsustain able.
CIVIL LAW
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Amendments
in pleadings affecting substantive rights should be allowed only if absolutely
necessary.
CIVIL LAW
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Mere long-standing
possession without evidence of hostility or notice to the owner does not
establish adverse possession.
PROPERTY LAW
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Classification of land as Class I in revenue records is deemed accurate and not subject to review under MLR Code.
SERVICE LAW
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Tribunals order of illegal termination upheld, affirming that reinstatement should be accompanied by back wages as management had unreasonably opted not to re-employ terminated workers despite their availability.
SERVICE LAW
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Decision taken by the State to cancel selection process and appointments cannot be faulted with.
CRIMINAL LAW
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Absence of independent
witness, lack of weapon recovery, and pending civil dispute weaken prosecution
case; acquittal upheld.
CRIMINAL LAW
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Conviction modified as
prosecution failed to prove official duty of complainant at the time of the
incident.
CRIMINAL LAW
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Conviction modified as
evidence against one of the accused was unreliable, but the main accused was
found guilty of outraging the modesty of a minor.
CRIMINAL LAW
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Sentence Reduced-Conviction
modified as evidence did not establish penetrative assault.
CRIMINAL LAW
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Conviction-Conviction
upheld based on consistent testimony of the minor victim and corroborative
medical evidence.
CRIMINAL LAW
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Penetrative
sexual assault established through consistent medical and testimonial evidence.
CRIMINAL LAW
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Evidence supports an
attempt to commit rape rather than penetrative assault; conviction modified
accordingly.
CRIMINAL LAW
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Procedural defects in
filing affidavits can be rectified by submitting additional affidavits; failure
to reply to a notice does not invalidate SARFAESI proceedings.
CRIMINAL LAW
Details
Failure to properly
examine witnesses and CA report necessitates retrial for fair adjudication.
CRIMINAL LAW
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In the absence of
foundational facts, the burden cannot shift to the accused under Section 6 of
the POCSO Act.
CRIMINAL LAW
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Acquittal granted due to delay in FIR and inconsistencies in the victims statement.
CRIMINAL LAW
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Criminal proceedings
should not be quashed at a preliminary stage when doubts exist regarding the
necessity of sanction under Section 197 CrPC.
CRIMINAL LAW
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LOC issued without
specifying reasons is liable to be quashed.