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Search Results for "civil appeal"

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Supreme Court

Supreme Court Dismisses Appeal in Bank Account Suit — Plaint Rejected as Barred by Limitation Under Article 113 of Limitation Act, 1963. Exchange of Correspondence Cannot Extend Limitation Once Right to Sue Accrues.

1 Jan 2020

The appellant, Shakti Bhog Food Industries Ltd., filed a civil suit in 2005 against the Central Bank of India and another respondent seeking a decree ...

Supreme Court

Supreme Court Enhances Compensation for Amputation Victim in Motor Accident Case — Loss of Future Earning Based on Functional Disability. The Court held that where permanent disability renders the claimant incapable of pursuing his vocation, compensation for loss of future earning should be based on functional disability percentage, not whole body disability.

1 Jan 2020

The appellant, a painter by vocation, was travelling in a bus of the respondent KSRTC on 19.02.2010 when the bus driver, driving rashly and negligentl...

Supreme Court

Supreme Court Allows Appeals of Revenue Authorities in Stamp Duty Undervaluation Cases — Revisional Powers Under Section 47A of Indian Stamp Act, 1899 Upheld. The Court held that the limitation period for suo motu revision by the Chief Controlling Revenue Authority is five years from the date of the order, not from the date of registration.

1 Jan 2020

The Supreme Court of India heard a batch of civil appeals arising from orders of the Madras High Court concerning the interpretation of Section 47A of...

Supreme Court

Supreme Court Allows Appeal in Motor Accident Claim Case — Insurance Company Held Liable Despite Bus Being Under Corporation's Control. The Court distinguished earlier precedent and held that under the Motor Vehicles Act, 1988, the insurance company is liable to pay compensation even when the vehicle is under the control of a state transport corporation.

1 Jan 2020

The appeal arose from a motor accident claim where a 45-year-old cyclist was killed after being hit by a bus on 16.08.2001. The bus was owned by a pri...

Supreme Court

Supreme Court Allows Appeals of Deputy Collectors in Seniority Dispute Over Late Passing of Departmental Examination. The court held that seniority of direct recruits is determined by the order of merit in the selection list, not by the date of confirmation or passing of departmental examination, under Rule 12(1)(a) of the Madhya Pradesh Civil Services (General Conditions of Service) Rules, 1961.

1 Jan 2020

The case involves a dispute over seniority among Deputy Collectors in Madhya Pradesh. The appellant, Warad Murti Mishra, was selected by the Madhya Pr...

Supreme Court

Supreme Court Upholds High Court Ruling That Time Limit Under Section 14 of SARFAESI Act is Directory. The provision requiring District Magistrate to pass possession order within 30 days (extendable to 60 days) is directory, as non-compliance does not invalidate proceedings or prejudice the borrower.

1 Jan 2020

The appeal arose from a judgment of the Kerala High Court which held that the time limit under Section 14 of the Securitisation and Reconstruction of ...

Supreme Court

Supreme Court Allows Bank's Appeal in Higher Qualification Suppression Case — Candidature Cancellation Upheld. Employer's Prescribed Eligibility Criteria Not Subject to Judicial Review Unless Arbitrary; Suppression of Material Facts Justifies Cancellation.

1 Jan 2020

The Supreme Court allowed the appeal filed by Punjab National Bank against the judgment of the Orissa High Court, which had directed the bank to allow...

Supreme Court

Supreme Court Allows Builder's Appeals in Consumer Cases, Sets Aside Refund Order. Clause 11.4 of Builder-Buyer Agreement Limits Developer's Liability to Refund Only if Agreement is Terminated; Allottees Not Entitled to Refund Without Termination.

1 Jan 2020

The appeals arise from a common judgment of the National Consumer Disputes Redressal Commission (NCDRC) in ten consumer cases filed by allottees again...

Supreme Court

Supreme Court Restores Concurrent Findings of Fraud in Property Dispute Between Siblings — General Power of Attorney and Sale Deeds Set Aside as Void. The court held that the plaintiff had sufficiently proved fraud by preponderance of probabilities, and the High Court erred in reversing the concurrent findings without establishing perversity.

1 Jan 2020

The dispute arose between the plaintiff, Joginder Kaur (since deceased, represented by her daughter Nirmal Gill), and her step-brothers and step-siste...

Supreme Court

Supreme Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Disbelief of Eyewitness — Negligence of Car Driver Established. The court restored the Tribunal's award of Rs. 16,08,000 with interest, holding that the High Court's rejection of the eyewitness was conjectural and that the accident was caused by the car driver's rash and negligent driving.

1 Jan 2020

The case arises from a motor accident on 25.03.2009 near Ghazipur, Uttar Pradesh, where a car driven by Sanjeev Kapoor collided with a truck. Sandeep ...

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