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Supreme Court

Supreme Court Dismisses Appeal by Suspended Director in IL&FS Accounts Reopening Case — Recasting Permitted Under Section 130 Companies Act. Court holds that SFIO and ICAI reports provide sufficient basis for reopening accounts and that suspended director lacks locus standi.

4 Jun 2019

The case pertains to an appeal filed by Hari Sankaran, a suspended director of Infrastructure Leasing & Financial Services Limited (IL&FS), against th...

Supreme Court

Supreme Court Restores Consumer Complaint Dismissed on Technicality by NCDRC. The Court held that dismissal for non-filing of rejoinder and evidence was a technicality that defeated the purpose of the Consumer Protection Act, 1986, and that marginal delays should be condoned to ensure substantial justice.

10 May 2019

The appellants, Vibha Bakshi Gokhale and another, filed a consumer complaint before the National Consumer Disputes Redressal Commission (NCDRC) agains...

Supreme Court

Supreme Court Allows Class Action in Consumer Dispute Over Non-Delivery of Commercial Units. The Court Held That Sameness of Interest, Not Identical Cause of Action, Is Required for Class Action Under Section 12(1)(c) of the Consumer Protection Act, 1986.

10 May 2019

The appeal arose from a judgment of the National Consumer Disputes Redressal Commission dismissing a complaint filed by 44 appellants under Section 12...

Supreme Court

Supreme Court Allows Appeal Against NCDRC Order Dismissing Consumer Complaint for Lack of Consumer Status — Booking of Four Flats Not Conclusive to Deny Consumer Status Without Evidence. The Court held that the NCDRC erred in deciding the maintainability of the complaint on surmise without giving an opportunity to adduce evidence on the purpose of purchase under Section 2(1)(d) of the Consumer Protection Act, 1986.

12 Apr 2019

The appellant, Sanjay Bansal, filed a consumer complaint before the National Consumer Disputes Redressal Commission (NCDRC) against M/s Vipul Ltd. (fo...

Supreme Court

Supreme Court Upholds High Court's Quashing of State Order Transferring Idol Theft Cases to CBI. Court holds that transfer of investigation without consulting the investigating officer and without court's approval was improper.

12 Apr 2019

The State of Tamil Nadu appealed against the Madras High Court's judgment dated 30.11.2018, which quashed the State Government's order dated 01.08.201...

Supreme Court

Supreme Court Allows Appeal in Arbitration Appointment Dispute — CMD's Ineligibility to Act as Arbitrator Renders Appointment Void Ab Initio. Express Agreement in Writing Under Section 12(5) Proviso Must Be Post-Dispute and Cannot Be Inferred from Pre-Dispute Conduct.

10 Apr 2019

The Supreme Court allowed the appeals filed by Bharat Broadband Network Limited (BBNL) against the judgment of the Delhi High Court, which had rejecte...

Supreme Court

Supreme Court Upholds Constitutional Validity of Sections 35AA and 35AB of Banking Regulation Act, 1949 and RBI Circular on Stressed Assets Resolution. The Court held that the RBI circular dated 12.02.2018 is valid and not arbitrary, and that the requirement of 100% lender consent for restructuring and mandatory IBC reference for large accounts is within RBI's powers.

2 Apr 2019

The present batch of petitions and transferred cases challenged the constitutional validity of Sections 35AA and 35AB of the Banking Regulation Act, 1...

Supreme Court

Supreme Court Upholds Refund to Flat Purchaser for Inordinate Delay in Possession — Builder's Unfair Contract Terms Not Binding. Builder's failure to apply for occupancy certificate within stipulated time constitutes deficiency of service; one-sided clauses in Apartment Buyer's Agreement are unfair and not binding under Consumer Protection Act, 1986.

2 Apr 2019

The Supreme Court dismissed appeals filed by Pioneer Urban Land & Infrastructure Ltd. against orders of the National Consumer Disputes Redressal Commi...

Supreme Court

Supreme Court Allows Appeal in Tender Blacklisting Dispute — Non-Disclosure of Show Cause Notice Not a Violation of Declaration Clause. Court holds that a show cause notice does not amount to blacklisting and that the declaration format only required disclosure of actual blacklisting, not pending proceedings.

1 Apr 2019

The case involves a tender floated by Hindustan Petroleum Corporation Limited (HPCL) for setting up call centres. Caretel Infotech Ltd. participated a...

Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Dispute — High Court Erred in Applying Amended Act and Appointing Independent Arbitrator Without Adhering to Mutually Agreed Procedure. The Court held that pre-amended provisions of the Arbitration and Conciliation Act, 1996 apply to arbitration requests received before 23rd October, 2015, and the High Court must respect the agreed appointment procedure.

29 Mar 2019

The Supreme Court considered a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6)...

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