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Dishonour of Cheques — Security Deposit — Refund Conditional Upon Vacant Possession — Conviction Under Section 138 of the Negotiable Instruments Act, 1881 Set Aside

The refund of security deposit was contingent on the respondent handing over vacant possession of the flat. The appellant was entitled to deduct unpa...

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Supreme Court Clarified the Scope of Interim Moratorium under Section 96 of the Insolvency and Bankruptcy Code, 2016 – Held That Regulatory Penalties Imposed by the Consumer Protection Act, 1986, Are Not Covered

Invoking Insolvency Proceedings Cannot stay execution of Penalty Orders for Consumer Protection Law Violations – The Apex Court Upheld the NCDRC’s...

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High Court Quashes Land Acquisition for Navi Mumbai Project Due to Non-Compliance with Section 5A of the Land Acquisition Act, 1894. Court Upholds Farmers' Right to Hearing in Land Acquisition Proceedings, Strikes Down Urgency Clause Invocation

Section 5A of the Land Acquisition Act, 1894 – Mandatory provision for hearing objections before land acquisition. Non-compliance renders acquisitio...

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Supreme Court Rules on Custody of US Citizen with Intellectual Disability: Repatriation to US Deemed in Best Interest. Court Emphasizes Best Interests of Child Over Parental Disputes, Upholds Guardianship Order

Best Interests of the Child: The Court emphasized that the welfare and best interests of the child are paramount in custody disputes, especially when...

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Ex-Parte Decree – Condonation of Delay – Equitable Jurisdiction – Reinstatement of Trial Court’s Order

The Supreme Court allowed the appeal and set aside the High Court’s order, thereby restoring the Trial Court’s decision rejecting the appl...

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Supreme Court Modifies High Court’s Order on Compensation, Affirms Full Liability on Bus Driver. Rash and Negligent Driving of the Offending Vehicle Held Sole Cause of Accident – Tribunal’s View Restored

High Court’s assessment of contributory negligence at 25% on the deceased was set aside. Tribunal’s finding of 100% negligence on the part of the...

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Motor Vehicle Accident – Compensation – Liability of Minor Driver. Supreme Court absolved the minor of driving liability and upheld enhanced compensation for the claimants while setting aside the recovery direction against the vehicle’s owner.

Constitution of India, 1950 – Article 136 – Reappreciation of Evidence – Scope of interference by Supreme Court – Findings of the lower courts...

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Supreme Court of India Ruled on the Definition of ‘Consumer’ Under the Consumer Protection Act, 1986 in Loan Transactions

The Apex Court Held That a Borrower of a Project Loan Does Not Qualify as a ‘Consumer’ When the Loan is Availed for Commercial Purposes The Supre...

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Supreme Court Sets Aside High Court’s Order of Compensation for Alleged Wrongful Confinement

Compensation for Alleged Wrongful Detention — Scope of High Court’s Jurisdiction Under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) ...

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Retrospective Effect of Unconstitutional Provisions – Arbitral Tribunal Directed to Reconsider Solatium – Judicial Discretion Under Section 34(4) of Arbitration and Conciliation Act, 1996 Upheld

National Highways Act, 1956 – Section 3(J) Declared Unconstitutional – Arbitral Award Remitted for Solatium Consideration – Writ Petition Dismis...