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Supreme Court Considers Whether Lift Installation Contracts Are 'Works Contract' or 'Sale of Goods' for Sales Tax Purposes. The Matter Was Referred to a Larger Bench to Resolve Conflict Between Prior Rulings and to Determine the Applicability of the Predominant Intention Test After Recent Judgments.

The matter stems from multiple writ petitions and civil appeals challenging the classification of contracts for manufacture, supply and installation o...

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Bombay High Court Allows Appeal in Arbitration Act Case — Upholds Appointment of Arbitrator Despite Alleged Non-Compliance with Pre-Arbitration Steps. Section 11(6) of the Arbitration and Conciliation Act, 1996 invoked where respondent failed to appoint arbitrator within 30 days of notice.

The appellant, a company incorporated under the Companies Act, 1956, and the respondent, a multi-state co-operative society constituted under the Mult...

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Supreme Court Allows Appeal in Consumer Dispute, Holds Flat Purchasers as Consumers Under Consumer Protection Act Despite Subsequent Leasing. NCDRC Decision Reversed and Matter Remanded for Fresh Consideration

The Supreme Court allowed the appeal filed by Appellants and Another against Respondents and Another -- The Court reversed the NCDRC's decision which ...

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Supreme Court Partially Allows Builder's Appeal in Consumer Dispute Over Forfeiture of Earnest Money — Reduces Forfeiture from 20% to 10% of Basic Sale Price. Court upholds NCDRC's power to strike down unconscionable contractual terms but modifies interest rate and forfeiture percentage based on facts.

The present appeal arises from a consumer complaint filed by the respondents (buyers) against the appellant (builder, Godrej Projects Development Limi...

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Supreme Court Upholds Farmers' Insurance Claim in Cold Storage Fire — Insurer Liable Despite No Privity of Contract. Farmers are Consumers Under Consumer Protection Act, 1986, and Insurance Company Must Pay for Loss of Stored Agricultural Produce.

The case involves multiple appeals arising from a common order of the National Consumer Disputes Redressal Commission regarding a fire that occurred o...

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Bombay High Court Dismisses Petitions Seeking Reappointment of District Forum Presidents Under Consumer Protection Act, 1986. Section 10(2) of the Act Prescribes a Single Term of Five Years or Until Age 65, Barring Reappointment.

The judgment addresses a common question arising in multiple writ petitions: whether the President of a District Forum constituted under Section 10 of...

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Bombay High Court Dismisses MSEDCL's Petition Challenging Ombudsman's Order to Provide New Connection Without Recovery of Previous Dues. Auction Purchaser Not Liable for Previous Owner's Electricity Arrears Under Electricity Act, 2003.

The Maharashtra State Electricity Distribution Company Limited (MSEDCL) filed a writ petition challenging an order of the Electricity Ombudsman, Nagpu...