Digi - Legal Insights
PROPERTY LAW
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MMC has made contradictory statements about nature of dispute and its responsibility to address unauthorized constructions, failing to fulfill its legal obligations despite acknowledging their illegality hence, MMC is directed to demolish illegal constructions.
RENT CONTROL
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As Defendant-tenant failed to make necessary payments within one month of receiving suit notice, landlord is entitled to an eviction decree due to Defendants default.
MOTOR ACCIDENT COMPENSATION
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Interpretation of law should align with Acts objectives, leading to a conclusion that Commissioner did not properly apply law to facts hence, findings regarding territorial jurisdiction are set aside and case is remanded for consideration of other points.
RENT CONTROL
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Impugned order of eviction held proper hence, Petitioner directed to vacate and hand over possession of area in his possession to Respondents within a period of 6 weeks.
SERVICE LAW
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Denial of bifurcation by Respondents No.2 and No.3 lacked proper consideration of relevant factors and well-being of Petitioners, thus failing to meet legal requirements.
SERVICE LAW
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Impugned Order was upheld, affirming the Employees reinstatement with back wages, ruling out any unreasonable or arbitrary actions by authorities.
PROPERTY LAW
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Plaintiffs' investment motivations contrasted with Defendant No. 1s familys reliance on agricultural land, influencing hardship assessment and Courts' ruling against Plaintiffs.
PROPERTY LAW
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Courts were justified in dismissing Appellants suit for declaration and injunction, as Appellants title to property was not extinguished through acquisition or valid transfer agreement to Respondents as defined by Act.
CIVIL LAW
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Suit, governed by Act, 2015, supports an award of costs due to Defendants failure to defend claim, reflecting bad faith thus, Plaintiff is entitled to an award of costs.
PROPERTY LAW
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Society is not subject to provisions of Maharashtra Shops Act or PG Act, leading to conclusion that proceedings initiated by Respondent under relevant labor laws are not maintainable and should be dismissed.
PROPERTY LAW
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Interim order allowing Notice of Motions filed by Plaintiffs quashed however, no coercive action will be taken against Plaintiffs' structures until conclusion of suit proceedings, ensuring their protection under law.
SERVICE LAW
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Petitioner was elected on a reserved seat based on false representation of holding a validity certificate for OBC category, leading to voiding of her election.
SERVICE LAW
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Decision of Scrutiny Committees upheld, asserting there was no illegality in interpretation of eligibility norms and without an official equivalence certificate, Petitioner cannot be deemed eligible to teach Social Science under Article 226 of Constitution.
SERVICE LAW
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Facts and issues of present petitions are identical and judgment from Nagpur Bench applies directly to them hence, Respondents are directed to declare results of Petitioners within certain period.
CIVIL LAW
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This case highlights a situation where, due to Respondents non-compliance with final decree from January 8, 2007, Petitioner was compelled to file for execution, which was dismissed without fault on their part hence, exercising discretionary jurisdiction under Article 227 of Constitution is warranted to rectify situation.
CIVIL LAW
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Impugned order adjudging Petitioners bid as non-responsive is set aside and Petitioner is held eligible for opening of financial bid.
SERVICE LAW
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Transfer is upheld as a necessary administrative measure hence, no reason to interfere with impugned order of transfer.
CIVIL LAW
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State Commissions order from September 14, 2016, is upheld with modification, with revised interest rate of 9% per annum, instead of previously awarded 6%, along with directive for payment of remaining balance to Petitioner.
RENT CONTROL
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Respondent has a vacation home and financial support from her sons in America, indicating she is not in a dire situation hence, three-month period for Respondents to vacate the premises is reasonable.
TAXATION
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Form SVLDRS 3 dated 12 March 2020 set aside directing Respondent 2 to determine correct amount considering declaration filed under Litigation category.