Digi - Legal Insights

Under provisions of Act and Rules, strict compliance with procedure, this is prescribed with object of arresting unscrupulous and improper practices in matter of resignation of elected representatives.

Deputy Registrar acted without jurisdiction in including these individuals in registration proposal and ordering maintenance bills in their names, rendering orders from December 2022 and 2023 illegal.

Respondent no. 3 is not protected by a "grandfathering" provision regarding his classification due to absence of legal basis for continued discrimination against him.

Society is permitted to charge twenty-one percent interest based on its bye laws and Petitioners failed to demonstrate any legal barrier against this rate hence, no valid ground to set aside judgment and order passed by authorities.

Chief Justices power to appoint additional sitting places is recognized as independent and does not negate Union Governments authority under Section 51(2) of Act hence, challenge to notification dated 01.08.2025 is without merit.

Trial Court erred in rejecting Defendants applications and case should not proceed due to lack of legitimate cause of action hence, Plaint in Special Civil Suit is rejected under provisions of Order VII Rule 11 of CPC.

Once bifurcation is registered, assets and liabilities transfer automatically without needing additional approval hence, bifurcation is deemed valid, beneficial to members and reflective of cooperative laws intent to foster cooperation rather than impose hardships.

Impugned order to deny amendment aimed at abandoning suit against Defendant No. 5 was found inappropriate and should be overturned.

Agreement to sell cannot be viewed as a conveyance due to the lack of immediate possession delivery, negating need for stamp duty.

Escalation should be calculated for each R.A. Bill period and Plaintiff incorrectly interpreted Clause 56 of agreement when submitting final Bill.

Appellate Courts orders were found to contain jurisdictional errors, resulting in a decision to set aside previous judgments and direct Cooperative Court to proceed strictly according to original remand order, focusing on specified proof of documents.

Petitioners name was removed from electoral roll for legislative assembly constituency of Alandi Municipal Council on January 6, 2023 hence, authorities were justified in not acceding to prayer of Petitioner to include his name in voters list of Alandi Municipal Council.

Cooperative Court maintains jurisdiction over dispute as it involves societys management and property, with Respondent No.1s claims linked to society, distinguishing this case from scenarios involving third-party private transactions.

Denial of benefit of maternity leave to Petitioner only on ground that Petitioner was granted a technical break of 1 or 2 days in service is unjustifiable and untenable.

It is necessary to conduct detailed investigation into genealogy claims made by Petitioner and his father, following a review of multiple genealogy charts.

Petitioners wife was COVID positive at time of death, supported by substantial medical evidence hence, impugned order of collector set aside and Authorities are mandated to decide on claim within eight weeks.

Impugned order quashed and remanded for Minister to reevaluate and provide concrete findings on alleged misappropriation of food grains by Respondent No. 3/DSO.

Lack of seriousness from Petitioners in contesting suit, which has been ongoing since 2018 and reasons insufficient to condone delay hence, order rejecting Petitioners' application to file written statement, proper.

Rejection of Plaint based on Order 7 Rule 11 of CPC is deemed inappropriate, as case seeks to protect deceaseds estate and must continue alongside probate proceedings.

Caveator, an unrelated third party, has made a significant effort to usurp deceaseds estate, warranting the dismissal of his Caveat.