Digi - Legal Insights
CIVIL LAW
Details
Powers of Executive or
District Magistrate in taking affidavits or administering oaths are similar to
those of Notary under Act-However, person who does not intend to state on oath
can state something on affirmation.
CIVIL LAW
Details
MRT order under
Sections 32P & 32R of Bombay Tenancy Act set aside as it wrongly presumed
voluntary surrender without tenant un derstanding legal rights.
CIVIL LAW
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MRT order under
Sections 32P & 32R of Bombay Tenancy Act set aside as it wrongly presumed
voluntary surrender without tenant un derstanding legal rights.
CIVIL LAW
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Repeatedly rejected
claim of protected tenancy cannot be revived; fraudulently obtained orders
confer no rights
CIVIL LAW
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Unregistered documents
cannot be discarded at interim stage; prima facie possession supports grant of
injunction.
CIVIL LAW
Details
Ambiguity in time stipulation
and execution justifies denial of specific performance; Trial Courts decree
restored. 2021 DGLS(SC) 671 distinguished.
PROPERTY LAW
Details
Termination of
developer under Section 13(2) of Maharashtra Slum Act requires prior notice to
landowner whose rights may be affected.
CIVIL LAW
Details
Writ petition dismissed
as SEZ benefits were rightly denied for non-fulfillment of specific licensing
conditions.
CIVIL LAW
Details
Dispute before
Co-operative Court not maintainable due to SARFAESI action and non-joinder of
bank as necessary party.
CIVIL LAW
Details
High Courts must ensure
construction of separate, accessible washroom facilities in all judicial
premises for all persons.
CIVIL LAW
Details
Filing
of application under Section 10 CPC not maintainable to stay Consumer
Commission proceedings as Consumer Commission is not Civil Court.
CIVIL LAW
Details
Small Causes Court has
no jurisdiction in title-based suits; plaint to be returned under Order VII
Rule 10 CPC.
CIVIL LAW
Details
Civil Court has
jurisdiction unless expressly barred; virtual business transactions warrant liberal
jurisdictional view. 1971(1) S.C.C. 721.
CIVIL LAW
Details
Plaint was rejected due
to lack of cause of action and suit being barred by limitation.
CIVIL LAW
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Challenge to rejection
of nomination paper dismissed as no legal error or violation of mandatory
provisions shown.
CIVIL LAW
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Pendency of proceedings
before NCLT, which pertains to legality of company’s dissolution, cannot be
construed as a fetter on statutory right of flat purchasers to seek
registration of a society.
CIVIL LAW
Details
In absence of specific
power reserved in scheme, application for modification of scheme was not
maintainable before District Judge as persona designata.
CIVIL LAW
Details
Writ petition
challenging order under Section 142 Maharashtra Prohibi tion Act held
maintainable before High Court under constitutional remediesy.
CIVIL LAW
Details
Use of names causing
confusion with public figures justifies continuing ad-interim injunction to
protect rights.
CIVIL LAW
Details
Unaided minority
institutions must comply with AICTE norms and pay as per statutory affiliation
conditions.