Digi - Legal Insights
SERVICE LAW
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School administration is governed by specific laws and Petitioner has not demonstrated any procedural illegality by School Management hence, no writ can be issued to appoint an administrator and case does not warrant exercising jurisdiction under Article 226 of Constitution.
CIVIL LAW
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As disputants have not fulfilled all necessary steps before opting for substituted service, impugned order from Cooperative Court permitting service via a paper application is legally unsustainable and should be quashed.
PROPERTY LAW
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Total market value of acquired land is fixed at Rs.25/- per sq.mtr. (inclusive of market value offered by the Special Land Acquisition Officer) and in addition, claimant will be entitled to statutory benefits under Sections 23(1-A), 23(2) and 28 of Act.
SERVICE LAW
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Respondent was rightfully entitled to provisional pension until final disciplinary decision is made.
PROPERTY LAW
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Respondent Collector (Land Acquisition) is directed to compute compensation as payable to Petitioners under 2013 Act and disburse to Petitioners, amount of compensation within period of four months.
SERVICE LAW
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Respondent-Authorities directed to follow G.R. for deployment of female and male teachers who have crossed age of 53 years and such teachers should not be deployed in the difficult areas as far as practicable.
CIVIL LAW
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Suit filed by plaintiff was maintainable and concurrent findings of facts are found to be legal and plausible.
CIVIL LAW
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Amendments to Section 52 do not exhibit arbitrariness as claimed and serve larger interest of spouses, respecting historical marital principles under Portuguese Civil Code.
SERVICE LAW
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Petitioner will have to be issued an appointment letter to post of Junior Engineer (Civil) by Public Works Department, effective from same date as other candidates in recruitment process, with all consequential benefits.
PROPERTY LAW
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Claimants are entitled to compensation of Rs. 6,516 per Are for acquired lands, inclusive of prior compensation and statutory benefits under Act.
CIVIL LAW
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Declaratory relief is necessary to clarify civil rights of parties regarding suit property therefore, leave to amend suit was granted to address main controversy of ownership declaration, despite plaintiffs late amendment.
SERVICE LAW
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Respondent No. 2 is directed to substitute name of Petitioner No. 2 in place of Petitioner No. 1 for purpose of compassionate appointment and if at all, there would a suitable vacancy available, Respondent No. 2 shall proceed to consider case of Petitioner No. 2 accordingly.
PROPERTY LAW
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Petitioner was not afforded an opportunity for hearing, violating natural justice principles hence, Mutation Entry putting encumbrances on land bearing Gat No.208 and Gat No.166 owned and possessed by Petitioner is quashed.
CIVIL LAW
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Compromise decree passed in Lok Adalat is quashed and Trial Court shall proceed with suit in accordance with law, after giving opportunity to all concerned parties.
SERVICE LAW
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Disciplinary authority cannot initiate second inquiry without addressing previously submitted inquiry report, as mandated by Rule 9 of Rules and if dissatisfied with earlier report, authority must either remit it for further inquiry or record its reasons for disagreement, allowing petitioner to respond.
ARBITRATION
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Reference to arbitration is necessary to address multiple disputes effectively hence, Former Judge of High Court is appointed as sole Arbitrator to adjudicate upon disputes and differences between parties.
PROPERTY LAW
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Stop work notice and rejection of Occupation Certificate on grounds of an absent NOC were ruled as arbitrary and illegal.
MOTOR ACCIDENT COMPENSATION
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MACT is directed to recompute total compensation accordingly, taking into account these factors within period of 6 weeks.
ARBITRATION
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Respondent must maintain Bank Guarantee No. 00040100008747, issued by Axis Bank Limited on 21 August 2015, for USD 9,710,490, EUR 529,370, and INR 52,42,50,100 and if guarantee expires for any reason, Respondent is required to provide new equivalent bank guarantee in favor of Petitioner for same amounts.
ARBITRATION
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Case establishes that there is an arbitration agreement between the parties hence, Advocate of High Court is appointed as Sole Arbitrator to adjudicate upon disputes and differences between parties arising out of Tax Invoices.