Digi - Legal Insights
ARBITRATION
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Absence of ad idem agreement on this issue indicates that execution of Development Agreement cannot be regarded as a mere formality consequently, Developer has not sufficiently demonstrated a case for protective relief under Section 9 of Act.
ARBITRATION
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Despite Marines dissatisfaction with the outcome, their alternative interpretation of evidence does not render Impugned Award invalid under Section 34 of Act.
SERVICE LAW
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Order against Petitioner is deemed illegal due to lack of due process in disciplinary proceedings leading to her suspension hence, Petitioner would be entitled for remainder portion of her salary from date on which suspension order was served upon her until today, by treating her ‘on duty’.
ARBITRATION
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Impugned order lacked reasoning, which is crucial for fairness and judicial review and unreasoned order cannot uphold legal standards, justifying withdrawal based on unspecified complaints does not rectify original flaws in order.
ARBITRATION
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Former Chief Justice of High Court is appointed as Sole Arbitrator to adjudicate upon disputes and differences between parties arising out of and in connection with Mortgage Deeds and in terms of arbitration clause-agreement contained.
ARBITRATION
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Offering of a lower post instead of a clerk position contradicts guidelines, as does the managements reliance on past allegations and delays hence, Petitioner is entitled to clerk position, deeming managements rejection arbitrary and unsustainable.
PROPERTY LAW
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If sale instance is of period of one year and more prior to acquisition of land, addition to consideration is required to be given.
SERVICE LAW
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Pension is not a matter of charity or discretion, it is a legal right to which the employee is entitled on account of his long and dedicated service.
SERVICE LAW
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Decision to conduct fresh inquiry was deemed unjustifiable, as Corporation did not adequately address evidence or conclusions from initial inquiry, rendering second inquiry impermissible by law.
MOTOR ACCIDENT COMPENSATION
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Appellants are entitled to recover compensation of Rs. 2,90,400/- towards pecuniary loss from Respondents jointly and severally and order passed by Tribunal under other heads stands confirmed.
PROPERTY LAW
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Legal heirs of deceased, particularly of tribal community, are entitled for equal share in suit property.
CIVIL LAW
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Respondent accepted quarterly installments for over two years and no specific repayment dates were established in agreement therefore, assertion for a lump sum collection is unsupported and charging interest is improper due to lack of specified due dates, indicating no breach by Petitioner.
CIVIL LAW
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Impugned order has been passed without jurisdiction hence, set aside directing Respondent to forthwith restore affiliation and recognition of Petitioner schools under Government Resolution.
PROPERTY LAW
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As Trial Court neglected to determine issue which is crucial and restricts sale of agricultural land to non-agriculturists, but does provide exceptions, justifying remand of matter to trial court.
LIMITATION
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After excluding 28 days for obtaining certified copy, appeal remains 8 days late, indicating a clear error in Appellate Courts jurisdiction in condoning delay in filing appeal.
PROPERTY LAW
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Tahsildar acted beyond legal authority when entertaining an application and his actions were based on an unfounded claim of fraud related to a certificate issued in 1960, making his jurisdictional exercise invalid.
CIVIL LAW
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Conditions imposed for granting leave should be reasonable and not create undue financial burdens, especially when a valid defense is raised.
CIVIL LAW
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Parties have freedom to negotiate new terms or adhere to previous conditions during renewal hence, argument that perpetual lease can only be treated as rent renewal agreement is rejected.
CIVIL LAW
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Claim that Sarpanch or Upa-Sarpanch must be provided with requisition for motion was rejected, as Upa-Sarpanch had participated in meeting and had ample opportunity to address the grounds discussed.
CIVIL LAW
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If Plaintiff cannot recover decretal claim from a vessel for supplied services and holds a decree against the vessels owner, they can claim against proceeds from other vessels in the owners fleet.