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Supreme Court

Supreme Court Upholds NCDRC Order on Medical Negligence Compensation but Leaves Jurisdictional Issue Open. The Court affirmed the award against Safdarjung Hospital due to the small compensation amount and lack of factual challenge, while clarifying that the question of jurisdiction under Section 2(1)(o) of the Consumer Protection Act, 1986, remains undecided for future cases.

23 Jul 2020

The appeal arose from an order of the National Consumer Disputes Redressal Commission (NCDRC) dated 7 October 2016, which held Safdarjung Hospital lia...

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 Examines Bona Fides of Insolvency Proceedings by Telecom Service Providers to Avoid AGR Dues. The Court held that AGR dues are final and no fresh disputes can be raised, and directed examination of whether insolvency proceedings under IBC are a subterfuge.

20 Jul 2020

The Supreme Court was hearing applications in the ongoing AGR dues matter, where the Union of India sought extension of time for payment. The Court ha...

Supreme Court

Supreme Court Dismisses Appeals in Company Law Dispute Over Maintainability of Oppression and Mismanagement Petition. Nomination Under Section 72 of Companies Act, 2013 Vests Rights in Nominee, Excluding Legal Heirs from Claiming Shares for Petition Maintainability Under Sections 241 and 242.

6 Jul 2020

The dispute arose from a family tussle following the death of Mr. Abhey Kumar Oswal, who held significant shares in Oswal Agro Mills Ltd. and Oswal Gr...

Supreme Court

Supreme Court Allows Appeal of Muslim Divorced Woman in Maintenance Case — Family Court Has Jurisdiction Under Muslim Women (Protection of Rights on Divorce) Act, 1986. High Court erred in holding that Family Court lacks jurisdiction to entertain application under Section 3 of the Act.

18 Jun 2020

The appeal arose from a judgment of the Rajasthan High Court which set aside an order of the Family Court granting maintenance to a Muslim divorced wo...

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 Appeal in Insurance Claim Dispute — Upholds Consumer Fora Orders for Compensation. Ownership of Vehicle Not Transferred Despite Sale Agreement; Insurer Liable to Pay Claim Amount with Interest.

18 Jun 2020

The Supreme Court allowed the appeal filed by Surendra Kumar Bhilawe against The New India Assurance Company Limited, setting aside the National Commi...

Supreme Court

Supreme Court Allows Landlord's Appeal in Rent Dispute Over Unregistered Rent Note — Holds Monthly Tenancy Not Requiring Registration Under Section 17(1)(d) of Registration Act, 1908. The Court Remits Matter to Appellate Court to Determine Whether Tenant Defaulted in Payment of Rent and House Tax Under East Punjab Urban Rent Restriction Act, 1949.

17 Jun 2020

The appeal arose from a landlord-tenant dispute concerning a shop in Punjab. The appellant-landlord, Siri Chand (since deceased, represented by legal ...

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 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...

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