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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 Allows Appeal in Motor Accident Claim Case Due to Erroneous Disbelief of Eyewitness — Negligence of Car Driver Established. The court restored the Tribunal's award of Rs. 16,08,000 with interest, holding that the High Court's rejection of the eyewitness was conjectural and that the accident was caused by the car driver's rash and negligent driving.

1 Jan 2020

The case arises from a motor accident on 25.03.2009 near Ghazipur, Uttar Pradesh, where a car driven by Sanjeev Kapoor collided with a truck. Sandeep ...

Supreme Court

Supreme Court Allows Appeal in Motor Accident Claim Case Due to Liberal Interpretation of Delay Condonation Under Section 173 of Motor Vehicles Act, 1988. High Court Erred in Dismissing Delay Condonation Application for 45 Days Without Considering Beneficial Nature of Legislation.

1 Jan 2020

The appeal arose from a motor accident claim where the deceased, aged 26, died in a collision with a negligently parked truck on 15.04.2011. The appel...

Supreme Court

Supreme Court Allows Appeal in Civil Procedure Case — Suit Must Proceed De Novo After Plaint Returned for Lack of Jurisdiction. Exclusive Jurisdiction Clause in Agreement Ousts Jurisdiction of Gurgaon Court, Rendering Proceedings Void Ab Initio Under Order VII Rule 10 CPC.

1 Jan 2020

The Supreme Court considered a reference arising from a suit for recovery filed by the respondent against the appellant based on a franchise agreement...

Supreme Court

Supreme Court Quashes Blacklisting of Drug Manufacturer for Supplying Sub-Standard Cream Due to Reliance on Erroneous Test Report. Appellate Lab Report Under Section 25(4) of Drugs and Cosmetics Act, 1940 Held Conclusive, Ignoring It Renders Decision Perverse.

1 Jan 2020

The appellant, Medipol Pharmaceutical India Pvt. Ltd., supplied Clotrimazole Cream 1% 15 gm tubes to the respondent, Post Graduate Institute of Medica...

Supreme Court

Supreme Court Allows Appeals by Third-Party Purchasers Against Decree Affecting Their Possession: Leave to Appeal Granted as Sale Deed Holders Are 'Persons Aggrieved' Under Section 96 CPC. The Court held that the High Court erred in rejecting the application for leave to appeal, as the trial court's decree directly prejudiced the appellants' rights and interests.

1 Jan 2020

The case involves appeals by third-party purchasers (appellants) who purchased sites from the General Power of Attorney holders of the original owners...

Supreme Court

Supreme Court Upholds Quashing of PTI Selection by Haryana Staff Selection Commission Due to Arbitrary Change in Criteria. The selection process violated Articles 14 and 16 of the Constitution as the Commission altered the marking scheme after interviews without any rational basis.

1 Jan 2020

The case pertains to a batch of appeals arising from a common judgment of the Punjab and Haryana High Court, which quashed the selection of Physical T...

Supreme Court

Supreme Court Allows Bank's Appeal for Return of Original Documents in SARFAESI Auction Dispute. The Court held that the bank is entitled to return of original title deeds deposited in a pending DRT proceeding to hand over to the auction purchaser, as the sale under SARFAESI Act is independent and the validity of mortgage can be adjudicated using photocopies.

1 Jan 2020

The Supreme Court allowed the appeal filed by the State Bank of India against the High Court order that had refused to return original documents depos...

Supreme Court

Supreme Court Allows Appeal of Taxpayer Against Non-Processing of Income Tax Returns and Refund Claims. Mandamus Issued to Process Returns Under Section 143(1) Within Four Weeks, Subject to Section 143(1D) and Section 241A of the Income Tax Act, 1961.

1 Jan 2020

The appellant, Vodafone Idea Ltd. (formerly Vodafone Mobile Services Ltd), is a telecommunications company that filed income tax returns for Assessmen...

Supreme Court

Supreme Court Allows Appeal in IBC Limitation Dispute — Application Under Section 7 Held Barred by Limitation. Acknowledgment of Debt in Balance Sheets Does Not Extend Limitation for Initiating CIRP Under IBC.

9 Aug 2019

The Supreme Court allowed the appeal filed by Babulal Vardharji Gurjar, a director of Veer Gurjar Aluminium Industries Pvt. Ltd., against the order of...

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