Digi - Legal Insights
CIVIL LAW
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Reservation on land
deemed to have lapsed under Sec. 127 of MRTP Act due to failure of authority to
initiate acquisition within 24 months of purchase notice.
CIVIL LAW
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Unauthorized shops
constructed on open layout space cannot be regularized; delay in demolition
despite court orders undermines rule of law.
CIVIL LAW
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Mere application for
acquisition does not constitute step under Section 127 of MRTP Act; declaration
under Section 6 of L.A. Act mandatory.
CIVIL LAW
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Unauthorized
construction without sanction from competent authority is incurable illegality;
Gram Panchayats NOC irrelevant.
CIVIL LAW
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Rejection of bid not
arbitrary when based on market potential and public interest; no vested right
or promissory estoppel arises in favour of bidder. 1985 DGLS(SC) 316, Dist.
CIVIL LAW
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Unregistered leave and
license document admissible under Maharashtra Rent Control Act; oral agreement
cannot override written terms; rejection of leave to defend upheld.
CIVIL LAW
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Consent of parties to
quash tenancy declarations and restore land to original owner is legally
permissible.
CIVIL LAW
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Plea of unlawful
tenancy under Watans Abolition Act cannot be raised for first time before MRT
when not urged before ALT; concurrent findings upheld.
CIVIL LAW
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Temporary injunction
justified in partition suit to preserve status quo when defendant claims under
disputed gift deed.
CIVIL LAW
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Ownership of flat does
not extend to terrace unless specifically granted; claim over terrace
unsupported by tenancy or statutory title.
CIVIL LAW
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Eligible
slum dwellers cannot demand preferential benefits without proving ownership;
eviction under Sections 33 and 38 upheld to safeguard public interest.
CIVIL LAW
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Developers inaction
during proceedings under Sec. 13(2) of Maharashtra Slum Act justifies
non-interference with termination; writ petition dismissed.
CIVIL LAW
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No vested right to
regularization where structures are in prohibited mangrove buffer zone and not
covered by cut-off date policies; clean hands doctrine invoked to deny relief.
CIVIL LAW
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Stepchildren
have no legal right to occupy parents property during their lifetime; eviction
order under Article 226 upheld as just and legal.
CIVIL LAW
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Review not maintainable
where Supreme Court has declared predecessors transactions void and barred
further challenge.
CIVIL LAW
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Plaint filed without a
genuine cause of action, lacking relevancy for suit and barred by limitation is
liable to be rejected under Order VII Rule 11.
CIVIL LAW
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IB Code is special
legislation that allows NCLT to pass orders prohibiting parties from initiating
proceedings while moratorium period is in effect.
CIVIL LAW
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Material particulars
pleaded in petition would constitute sufficient cause of action that warrants a
trial. Election petition cannot be rejected at threshold under Order VII, Rule
11 of CPC. Application dismissed.
CIVIL LAW
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Omission of material
facts and absence of specific pleadings of corrupt practice in election
petition justify its rejection under O. VII R. 11 CPC and Ss. 83 & 87 of
the Representation of the People Act.
CIVIL LAW
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Application for
overtime wages is maintainable where entitlement is undisputed and amount is
computable in terms of money.