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Supreme Court Allows Appeal in Partition Suit — School Leaving Certificate Not Properly Proved Under Section 35 Evidence Act. Release Deed Executed by Major Plaintiff Valid Despite Absence of Fraud or Coercion....

The case involves a partition suit filed by C. Jayarama Reddy (plaintiff) against his three brothers (defendants 1-3) and subsequent purchasers (defendants 4-17) seeking 1/4th share in joint family pr...

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Supreme Court Allows Bank's Appeal in Consumer Dispute Over Loan Processing Fee Refund. Bank's Circular Requiring Upfront Processing Fee Collection Held Binding on Consumer; Refund Denied to Avoid Unjust Enrichment....

The case involves a dispute between Bank of India (appellant) and M/s. Brindavan Agro Industries Pvt. Ltd. (respondent/consumer) regarding the refund of processing fees deducted by the Bank before san...

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Supreme Court Allows Appeal in Insurance Claim Dispute Over Fire Loss — Repudiation for Overvaluation and Lack of Licence Set Aside. The court held that while suppression of material fact regarding licence justified repudiation, overvaluation without fraud did not, and directed payment of claim as per second surveyor's assessment....

The appellant, M/s Baspa Organics Limited, purchased a factory from Maharashtra State Financial Corporation for Rs. 4 crores and commenced production of CMAC in November 2001. It obtained a fire and s...

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Supreme Court Allows Union of India's Appeal in Customs Duty Priority Dispute. Customs duty under Section 150(2)(c) of Customs Act, 1962 has priority over warehouse charges under Section 150(2)(d) in distribution of sale proceeds of warehoused goods....

The case involves a dispute between the Union of India (appellant) and M/s. Associated Container Terminal Ltd. (respondent) regarding the priority of claims over sale proceeds of warehoused goods. M/s...

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Supreme Court Allows Appeal in Cheque Dishonour Case, Reverses Acquittal Due to Misapplication of Presumption Under Section 139 of Negotiable Instruments Act. The Court held that once issuance of cheque and signature are admitted, the presumption of legally enforceable debt arises, and the accused must lead evidence to rebut it....

The appellant, APS Forex Services Pvt. Ltd., a foreign exchange business, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondents, Shakti International Fash...

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Supreme Court Allows State Appeal in Pay Scale Revision Case — Benefit Not Retrospective for Retired Employee. The Court held that the date of implementation of revised pay scale (01.04.2001) was fixed on a rational basis and cannot be antedated to 01.01.1996 for an employee who retired before that date....

The State of Uttar Pradesh and others appealed against the judgment of the Allahabad High Court (Lucknow Bench) dated 01.11.2017, which allowed the writ petition of the respondent, Vijay Shankar Dubey...

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Supreme Court Acquits Accused Nos. 2-5 in Murder Case Due to Unreliable Sole Eyewitness Testimony. Conviction under Section 302 r/w Section 149 IPC set aside as evidence of sole eyewitness was full of contradictions, omissions, and improvements, and no independent witness supported the prosecution case....

The case pertains to the murder of Bal Kishan, son of informant Mullo Bai, which occurred on 01.12.2005 at around 4-5 a.m. in Village Hinotiya Gird. The prosecution alleged that the appellants (origin...

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Supreme Court Dismisses Challenge to FCRA Provisions on Political Nature Declaration. Right to Receive Foreign Contribution Not a Fundamental Right Under Article 19; Guidelines in Rule 3 Not Vague or Arbitrary....

The appellant, Indian Social Action Forum (INSAF), a registered society involved in resisting globalization, combating communalism, and defending democracy, filed a writ petition in the High Court of ...

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Supreme Court Dismisses Appeal of Assistant Director Seeking Retirement at 60 Years Under Kerala University Act. Appellant Not a 'Teacher of the University' as Defined Under Section 2(28) of the Kerala University Act, 1974, and Not Entitled to Extended Retirement Age....

The appellant, P. Gopinathan Pillai, was appointed as Project Officer in the Centre for Adult Continuing Education and Extension (CACEE) of the University of Kerala on 26 December 1989, and later prom...