Digi - Legal Insights
CIVIL LAW
Details
Insurer not liable
where deceased was unauthorized rider; can recover compensation from owner
after payment to claimants
CIVIL LAW
Details
Petitioners challenge
to seizure of gold under Customs Act rejected as prin ciples of natural justice
and proper procedure were followed.
CIVIL LAW
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Jurisdictional
objection not raised at first appeal stage cannot invalidate SCDRC’s decision
by Single Member.
CIVIL LAW
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Court Receiver can be
appointed to enforce decree where obstructionist uses fraudulent documents.
CIVIL LAW
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Compromise decree does
not override prior contract; specific performance may still be enforced.
CIVIL LAW
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Question of locus
standi should be based on facts before Commercial Appellate Court, not on
extraneous documents.
CIVIL LAW
Details
Stay under Section 10
CPC not applicable to parallel proceedings before Consumer Commission as it is
not a Civil Court.
CIVIL LAW
Details
Scrutiny Committees
rejection of caste claim upheld as based on interpolated documents and proper
appreciation of record.
CIVIL LAW
Details
Doctrine of no work no
pay applies where petitioner failed to plead or prove lack of gainful
employment.
CIVIL LAW
Details
Chunnilal Hariji Pardhi
Transfer of derecognized school upheld as per new GR permitting Statewide
transfer, superseding earlier 10 km limitation.
CIVIL LAW
Details
Interim relief under Section 9 cannot be granted to
sustain agreements contrary to FDI regulations and public policy.
CIVIL LAW
Details
Limitation for execution
of award runs from date of award under Article 136; application filed in 2023
is time-barred.
CIVIL LAW
Details
Application for
appointment of arbitrator dismissed as CPC does not apply and individual
agreements require separate proceedings.
CIVIL LAW
Details
Section 9 petition
disposed with liberty to seek relief before tribunal under Section 17 where
dues, third-party use, and escalation terms need assessment.
CIVIL LAW
Details
Additional award is
valid if conditions of Section 33(4) are met and setting aside such award
separately is legally erroneous.
CIVIL LAW
Details
False claim of
qualification and suppression of facts disentitles candidate from appointment
consideration.
CIVIL LAW
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Removal from committee
without evidence of misconduct is unsustainable and violative of fairness.
CIVIL LAW
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Project, in public
interest, must progress without interruption and intervention of Court in such
cases should be minimal.
CIVIL LAW
Details
Retrenchment effected
without following statutory procedure under Section 25F amounts to violation
despite absence of mala fides.
CIVIL LAW
Details
Show cause notices with
arguable issues cannot be quashed at pre-adjudication stage; statutory remedies
must be exhausted first.