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Supreme Court

Supreme Court Allows Refund of Stamp Duty in Consumer Dispute, Overturns High Court's Limitation Bar. Stamp Duty Refund Application Not Barred by Six-Month Limitation Under Section 48(3) of Maharashtra Stamp Act, 1958 When Stamp Paper Purchased Bona Fide and Transaction Failed Due to Judicial Order from National Consumer Disputes Redressal Commission.

24 Sep 2021

The dispute originated from the appellant's booking of a residential apartment in Pune in 2014, where he paid stamp duty for an agreement to sell. A d...

Supreme Court

Supreme Court Upholds High Court Judgment Directing Shift of Toll Plaza for Violation of National Highways Fee Rules. Construction at 194 km of NH30 Found to Violate Rule 8 of National Highways Fee (Determination of Rates and Collection) Rules, 2008 Due to Lack of Written Reasons and Failure to Meet Conditions for Municipal Area Placement.

23 Sep 2021

The dispute arose from a writ petition filed by respondents 1 to 17 (writ petitioners) seeking to restrain the construction of a toll plaza at 194 km ...

Supreme Court

Supreme Court Directs NCLT to Expedite Approval of Resolution Plan in Home Buyers' Insolvency Case, Upholding IBC Moratorium. Execution of Consumer Forum Order Stayed Under Section 14 of Insolvency and Bankruptcy Code, 2016, with Personal Liability Issues Referred to Adjudicating Authority.

8 Sep 2021

The dispute involved home buyers who had entered into agreements with a developer for a housing project, with possession due in 2014. The developer ab...

Supreme Court

Supreme Court Dismisses Estate Officer's Appeals in Leasehold to Freehold Conversion Cases Under Consumer Protection Act. The court held that conversion of leasehold to freehold property for a fee constitutes a service under the Consumer Protection Act, 1986, and refusal based on an internal memo without public notification is arbitrary, violating statutory rules.

7 Sep 2021

The dispute arose from the Estate Officer's refusal to process applications for converting leasehold residential plots to freehold status under the Ch...

Supreme Court

Supreme Court Dismisses Estate Officer's Appeals in Leasehold to Freehold Conversion Dispute Under Consumer Protection Act. The court held that allottees paying conversion fee are consumers under the Consumer Protection Act, 1986, and the Estate Officer's refusal based on an internal memo without public notification was arbitrary under the Chandigarh Conversion of Residential Leasehold Land Tenure into Freehold Land Tenure Rules, 1996.

7 Sep 2021

The dispute arose from the Estate Officer's refusal to convert leasehold residential plots in Chandigarh to freehold under the Chandigarh Conversion o...

Supreme Court

Supreme Court Quashes Medical Negligence Finding Against Doctor and Hospital in Consumer Dispute - Reverses NCDRC Order Due to Lack of Evidence. The Court held that the complainant failed to provide sufficient material or medical evidence to establish negligence under the Consumer Protection Act, 1986, as mere unfavorable outcome or untoward incident does not per se constitute negligence.

7 Sep 2021

The dispute arose from a consumer complaint alleging medical negligence against a doctor and a hospital following the death of a patient after a secon...

Supreme Court

Supreme Court Dismisses Insurer's Appeal in Consumer Dispute Over Fire Insurance Claim Limitation and Assessment. Complaint was within limitation as cause of action was continuing due to insurer's subsequent actions like appointment of investigator and correspondence, under Section 24A of Consumer Protection Act, 1986, and NCDRC's award based on surveyor's report was upheld.

18 Aug 2021

The dispute arose from a fire insurance claim where the insured, a manufacturer, suffered total destruction of plant, machinery, and stock due to a fi...

Supreme Court

Supreme Court Upholds Consumer Commission Order Directing Builder to Refund Amount with Interest in Flat Possession Delay Case. Builder's Appeal Dismissed as Subsequent Purchaser Entitled to Interest from Deposit Dates Under Consumer Protection Act, 1986, Despite Force Majeure Claims.

22 Jul 2021

The dispute arose from a consumer complaint filed by the purchaser against the builder for delayed possession of a residential flat. The original allo...

Supreme Court

Supreme Court Allows Appeal in Consumer Dispute Over Delay Condonation, Setting Aside NCDRC Order Based on Prospective Application of Precedent. The Court Held That a Constitution Bench Judgment Operating Prospectively Cannot Be Applied to Dismiss an Application Filed Prior to Its Delivery, and Condoned a 7-Day Delay with Imposed Costs Under Consumer Protection Law.

8 Jul 2021

The dispute arose from a medical negligence claim filed by the respondent against the appellants, who are doctors. The appellants filed their written ...

Supreme Court

Supreme Court Activates Dormant Constitutional Provision for Appointment of Ad Hoc Judges to Address High Court Backlog. The Court held that Article 224A of the Constitution of India can be utilized to appoint retired High Court judges as ad hoc judges to tackle over 57 lakh pending cases and 40% vacancies, emphasizing dynamic interpretation and consent requirements.

20 Apr 2021

The Supreme Court of India, in a public interest litigation filed by Lok Prahari, addressed the critical issue of backlog in High Courts, with over 57...

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