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Supreme Court

Supreme Court Allows Developer's Appeals in Consumer Disputes Over Delayed Possession — Compensation Modified to 9% Interest Per Annum in Line with Consent Orders. The Court held that the developer is entitled to a three-year completion period and compensation for delay shall be at a uniform rate of 9% per annum, not the higher rates awarded by the NCDRC.

10 May 2019

The Supreme Court disposed of a batch of civil appeals arising from orders of the National Consumer Disputes Redressal Commission (NCDRC) concerning d...

Supreme Court

Supreme Court Upholds Mortgage by Conditional Sale in Property Redemption Dispute — Distinguishes from Sale with Condition to Repurchase Under Section 58(c) of Transfer of Property Act, 1882. The court affirmed that the transaction was a mortgage, not an absolute sale, and the mortgagor's heirs were entitled to redeem the property upon payment of the balance amount.

23 Apr 2019

The appeals arose from a suit for redemption of mortgage filed by the respondents-plaintiffs, who claimed that their father Shripad Joshi had mortgage...

Supreme Court

Supreme Court Upholds Enhanced Compensation in Motor Accident Claim — Ex Gratia Payment Not Deductible. High Court's award of Rs. 48,00,000 with 7.5% interest held just; no interference required.

23 Apr 2019

The case arises from a vehicular accident on 30.12.1995 where Shri Rajpal Singh Johal died after an oil tanker rammed into his car. Two claim petition...

Supreme Court

Supreme Court Upholds Constitutional Validity of Sections 35AA and 35AB of Banking Regulation Act, 1949 and RBI Circular on Stressed Assets Resolution. The Court held that the RBI circular dated 12.02.2018 is valid and not arbitrary, and that the requirement of 100% lender consent for restructuring and mandatory IBC reference for large accounts is within RBI's powers.

2 Apr 2019

The present batch of petitions and transferred cases challenged the constitutional validity of Sections 35AA and 35AB of the Banking Regulation Act, 1...

Supreme Court

Supreme Court Upholds Refund to Flat Purchaser for Inordinate Delay in Possession — Builder's Unfair Contract Terms Not Binding. Builder's failure to apply for occupancy certificate within stipulated time constitutes deficiency of service; one-sided clauses in Apartment Buyer's Agreement are unfair and not binding under Consumer Protection Act, 1986.

2 Apr 2019

The Supreme Court dismissed appeals filed by Pioneer Urban Land & Infrastructure Ltd. against orders of the National Consumer Disputes Redressal Commi...

Supreme Court

Supreme Court Upholds Refund Order in Unfair Trade Practice Case, Denies Specific Performance. Forfeiture of Earnest Money Upheld Due to Buyer's Default Under Clause 10 of Plot Buyer's Agreement.

7 Mar 2019

The appellant, Sudha Gupta, filed an appeal under Section 53T of the Competition Act, 2002 read with Section 55 of the repealed Monopolies and Restric...

Supreme Court

Supreme Court Dismisses Appeal in Specific Performance Suit — Time Was Essence of Contract and Plaintiffs Failed to Prove Readiness and Willingness. Limitation Period Under Article 54 of Limitation Act, 1963 Starts from Date Fixed for Performance; Extension Not Proven.

26 Feb 2019

The appeal arose from a suit for specific performance of an agreement to sell property at 82, Jor Bagh, New Delhi, dated 05.10.1974, between the plain...

Supreme Court

Supreme Court Partly Allows Appeals in Arbitration Execution Case — Clarifies Interest Rate as Simple Interest. The Court held that an arbitration award granting interest at 7% per annum without specifying rests must be construed as simple interest, and post-award interest under Section 31(7)(b) of the Arbitration and Conciliation Act, 1996 is payable.

19 Feb 2019

The case arises from an auction of shops conducted by the Municipal Council Thanesar on 18.10.2006. Disputes arose regarding delivery of possession an...

Supreme Court

Supreme Court Upholds Reduction of Compensation in Motor Accident Claim Due to Exaggerated Disability. Claimant's Alleged 95% Permanent Partial Disablement Disbelieved as Evidence Showed Only Fracture of Left Thigh Bone with 45% Disability.

18 Feb 2019

The appeal arose from a motor accident claim where the claimant, S. Kumar, sustained grievous injuries after being hit by an auto rickshaw on 02.08.19...

Supreme Court

Supreme Court Allows Union of India's Appeal in Railways Compensation Case, Clarifying Calculation Method. The court held that compensation for untoward incidents under Section 124-A of the Railways Act, 1989 must be calculated as per the rate on the date of accident with interest, and if the revised amount on award date is higher, the higher amount is payable without interest on the revised sum.

29 Jan 2019

The case arises from an untoward incident on 02.10.2003 when Dasarath Yadav, while travelling in a local train from Burdwan to Howrah, peeped his head...

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