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Supreme Court

Supreme Court Allows Appeals of Flat Buyers Against Developer for Delayed Possession, Holds Unilateral Compensation Clause Unfair. Developer's stipulation of Rs 5 per sq ft per month as liquidated damages for delay held inadequate and unconscionable; flat buyers entitled to compensation at 6% per annum on amounts paid.

24 Aug 2020

The case involves appeals by 171 flat buyers against the dismissal of their consumer complaint by the National Consumer Disputes Redressal Commission ...

Supreme Court

Supreme Court Upholds Referral to Arbitration Despite Fraud Allegations in Development Agreement Dispute. Arbitration Clause Survives Challenge When Fraud Relates to Inducement Not Affecting Contractual Terms.

19 Aug 2020

The appeal arose from a civil suit filed by Deccan Paper Mills Co. Ltd. (appellant) against Regency Mahavir Properties and others (respondents) seekin...

Supreme Court

Supreme Court Allows Transfer of Writ Petition on Reservation Issue Under Article 139A of the Constitution. The Court found that similar questions of law pending in civil appeals before it regarding reservation policies and the 50% limit made the transfer appropriate, as they involved substantial questions of general importance.

23 Jul 2020

The dispute arose from a transfer petition filed by Sunil Rathee and others seeking to transfer a writ petition (CWP No. 7607 of 2019) from the Punjab...

Supreme Court

Supreme Court Allows Assessee's Appeal in Income Tax Dispute Over Non-Compete Fee Taxability. Amount Received Under Deed of Covenant Held as Capital Receipt Not Taxable Under Section 28(ii)(a) of Income Tax Act, 1961, Due to Separate Genuine Transaction and Procedural Error in High Court's Judgment.

22 Jul 2020

The appeal concerned the assessment year 1995-96 involving Shri Shiv Raj Gupta, Chairman and Managing Director of Central Distillery and Breweries Ltd...

Supreme Court

Supreme Court Allows Landlord's Appeal in Rent Control Case — Notice Requirement Under Section 21(1)(a) Proviso of U.P. Rent Control Act Can Be Satisfied by Oral or Written Notice, No Mandatory Mode Prescribed. The Court restored the eviction order, holding that the High Court erred in reversing concurrent findings on notice and comparative hardship.

20 Jul 2020

The appellant, Mohd. Asif Naseer, purchased a shop (Shop No.64) in Lucknow via registered sale deed dated 29.10.2004. The respondent, West Watch Compa...

Supreme Court

Supreme Court Dismisses Criminal Appeal in Life Imprisonment Case After Premature Release Under Article 161. The appeal became infructuous as the appellant was released under the Governor's constitutional pardon power, which overrides statutory minimum sentence requirements under Section 433-A of the Code of Criminal Procedure, 1973.

17 Jul 2020

The dispute involved a criminal appeal by an appellant convicted under Section 302 read with Section 34 of the Indian Penal Code and sentenced to life...

Supreme Court

Supreme Court Sets Aside Revisional Order Passed Without Hearing Accused in Complaint Case — Right of Hearing Under Section 401(2) CrPC Upheld. The Court held that the accused is entitled to be heard in a revision against dismissal of complaint under Section 203 CrPC, and the revisional court cannot direct further inquiry without hearing the accused.

18 Jun 2020

The appellant, Subhash Sahebrao Deshmukh, was an accused in a complaint case filed by respondent no.1, Satish Atmaram Talekar, before the Special Metr...

Supreme Court

Supreme Court Allows Default Bail Under Section 167(2) CrPC Despite COVID-19 Pandemic — Order Dated 23.03.2020 Does Not Extend Period for Filing Charge Sheet. The right to default bail is indefeasible and cannot be frustrated by the prosecution's failure to file charge sheet within the statutory period.

16 Jun 2020

The appellant, S. Kasi, was arrested on 21.02.2020 in Crime No.495 of 2015 under Sections 457, 380, 457(2), 380(2), 411(2), and 414(2) IPC. He was lod...

Supreme Court

Supreme Court Dismisses SLP Against Rejection of Review in Arbitration Dispute — Earlier SLP Against Main Judgment Dismissed Without Liberty. Principle of Finality Bars Subsequent Challenge to Review Order.

22 May 2020

The Supreme Court dismissed special leave petitions filed by Patel Engineering Ltd. against the High Court of Meghalaya's order rejecting their review...

Supreme Court

Supreme Court Dismisses Contempt Petition for Alleged Wilful Disobedience of Order to Vacate Premises — Failure to File Undertaking and Pay Dues Not Contempt as Substantive Compliance Achieved.

6 May 2020

The contempt petition was filed by Hukum Chand Deswal (petitioner) against Satish Raj Deswal (respondent) alleging wilful disobedience of the Supreme ...

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