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Supreme Court

Supreme Court Upholds Consumer Commission's Compensation Award Against Builder for Delayed Possession in Housing Project. Builder's 'Endeavour' Clause Interpreted as Requiring Reasonable Efforts, and Contractual Compensation Rate Held Unfair Under Consumer Protection Act, 1986.

8 Mar 2021

The dispute arose from a delayed housing project where the builder, NBCC (India) Limited, failed to hand over possession of a residential unit to the ...

Supreme Court

Supreme Court Upholds FIRs for Illegal Mining Despite Compounding Under MMDR Act — IPC Offences Are Distinct and Not Barred by Section 22 of MMDR Act. The court held that compounding under the MMDR Act does not bar prosecution under the IPC for theft and criminal misappropriation, as the offences are separate and distinct.

1 Sep 2020

The Supreme Court dismissed appeals by private appellants and the State of Madhya Pradesh against the High Court's refusal to quash FIRs for illegal m...

Supreme Court

Supreme Court Allows State's Appeal in Sales Tax Reimbursement Dispute — Clarifies That Sales Tax on Works Contracts Is Levied on Goods Component, Not on Completed Items of Work. Clause 45.2 of GCC Does Not Apply When Tax Is on Transfer of Property in Goods Involved in Works Contract.

5 Jun 2020

The Supreme Court allowed the appeal filed by the State of Orissa against the judgment of the Orissa High Court. The dispute arose from works contract...

Supreme Court

Supreme Court Grants Interim Protection to Journalist in Multiple FIR Case Based on News Broadcasts. Court Transfers One FIR for Investigation, Stays Other Proceedings, and Emphasizes Balance Between Freedom of Speech and Criminal Process Under Article 19(1)(a) and Article 32 of the Constitution.

19 May 2020

The dispute arose from two news broadcasts by the petitioner, a journalist and editor-in-chief of Republic TV and R Bharat, on 16 April 2020 and 21 Ap...

Supreme Court

Supreme Court Upholds Arbitral Award in Contract Dispute Over 'Change in Law' Clause — High Court Exceeded Jurisdiction Under Section 37 of Arbitration Act. Interpretation of contractual clause by Arbitral Tribunal was plausible and not perverse, hence not liable to be set aside under Section 34.

11 May 2020

The Supreme Court allowed the appeal filed by South East Asia Marine Engineering and Constructions Ltd. (SEAMEC Ltd.) against the judgment of the Gauh...

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 Upholds 10% Deposit Condition in Arbitration Clause as Valid in Commercial Contracts. Clause requiring deposit-at-call of 10% of claim amount before invoking arbitration is not arbitrary or discriminatory under Article 14.

11 Mar 2019

The case arose from a tender issued in 2008 by the Punjab State Water Supply & Sewerage Board for water supply and sewerage projects. The appellant, M...

Supreme Court

Supreme Court Sets Aside High Court Order for Perjury Proceedings in Matrimonial Case — Allegations of False Statements in Anticipatory Bail Application Not Deliberate Falsehood on Matter of Substance. The Court held that initiation of perjury proceedings under Section 340 CrPC requires a prima facie case of deliberate falsehood based on unimpeachable evidence, and the High Court's order was vitiated by suppression of material facts.

26 Feb 2019

The present appeal arises from a judgment of the Bombay High Court dated 07.03.2018, which directed initiation of proceedings under Section 340 CrPC a...

Supreme Court

Supreme Court Allows Appeal in Land Improvement Compensation Case — Constructive Res Judicata Not Applicable Due to Liberty Reserved by Earlier Order. The Court held that the claim for compensation under the Kerala Compensation for Tenants Improvements Act, 1958 is not barred by constructive res judicata because the Supreme Court had expressly kept open the remedy in the earlier proceedings.

5 Feb 2019

The dispute concerns a large tract of land originally belonging to Vengunadu Kovilakam, leased out in 1897 for 75 years. After the lease expired in 19...

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