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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 Allows Appeal for Full Back Wages in Wrongful Termination Case — Chartered Accountant Reinstated with Back Wages. The Court held that where termination is found to be wrongful and based on victimisation, full back wages must be awarded, and the burden of proof regarding gainful employment lies initially on the employee to plead.

1 Jan 2021

The appellant, a qualified Chartered Accountant, was appointed as Manager (Finance) by Manganese Ore (India) Limited on 22.10.1997. He was later poste...

Supreme Court

Supreme Court Modifies High Court Order on Withdrawal of Enhanced Compensation in Land Acquisition Case. Appellant Acquiring Body Directed to Deposit 100% Enhanced Compensation; Claimants Permitted to Withdraw 25% Without Security, Balance 75% to be Invested in Fixed Deposit.

18 Dec 2020

The case arises from a land acquisition in 1996 where the Reference Court enhanced compensation after about 17 years. The acquiring body, Nayara Energ...

Supreme Court

Supreme Court Upholds International Arbitral Award in Coal Supply Dispute — Damages Awarded for Breach of Contract. Division Bench of Delhi High Court Erred in Setting Aside Majority Award Under Section 37 of Arbitration and Conciliation Act, 1996 as Findings Were Plausible and Not Perverse.

17 Dec 2020

The Supreme Court of India heard an appeal against a Division Bench judgment of the Delhi High Court that had set aside a majority international arbit...

Supreme Court

Supreme Court Upholds Transfer of Winding Up Petition to NCLT Despite Admission Order. Discretion Under Section 434(1)(c) Companies Act, 2013 Properly Exercised Where Liquidation Was at Initial Stage and No Irreversible Steps Taken.

14 Dec 2020

The Supreme Court dismissed appeals by Action Ispat and Power Pvt. Ltd. against the Delhi High Court's order transferring a winding up petition to the...

Supreme Court

Supreme Court Dismisses Transfer Petitions in Sacrilege Cases, Holding Fair Trial Possible in Punjab. Apprehensions of Bias Not Supported by Credible Material; State Assures Security.

11 Dec 2020

The Supreme Court dismissed six transfer petitions filed under Section 406 of the Code of Criminal Procedure, 1973, seeking transfer of criminal trial...

Supreme Court

Supreme Court Allows Appeal of Daughter-in-Law Against Eviction Under Senior Citizens Act, 2007 — Protection of Women from Domestic Violence Act, 2005 Right of Residence Prevails Over Senior Citizens Act, 2007. The court held that the authorities under the Senior Citizens Act, 2007 have no jurisdiction to order eviction of a woman entitled to residence under Section 17 of the PWDV Act, 2005, and the property transfers were collusive to defeat her rights.

11 Dec 2020

The present dispute arises out of an application filed by the second and third respondents (parents-in-law of the appellant) under the Maintenance and...

Supreme Court

Supreme Court Sets Aside High Court Order Directing Expedited Trial in Corruption Case — Third Party Locus Standi Under Section 482 CrPC Denied. The Court held that a social activist/advocate has no locus to file an application under Section 482 CrPC seeking expedited trial in a Prevention of Corruption Act case where he is not a party.

9 Dec 2020

The Supreme Court allowed the appeal filed by Sanjai Tiwari, an accused in a corruption case, challenging the order of the Allahabad High Court dated ...

Supreme Court

Supreme Court Dismisses Challenges to One-Man Committee's Final Employee Allocation Between Telangana and Andhra Pradesh Power Utilities. Allocation Under Section 82 of Andhra Pradesh Reorganisation Act, 2014 Upheld as Final and Binding on All Parties.

7 Dec 2020

The Supreme Court dismissed a batch of miscellaneous applications filed by Telangana power utilities, employees, and associations challenging the fina...

Supreme Court

Supreme Court Upholds Compulsory Retirement of Railway Protection Force Constable for Gross Neglect of Duty and Abuse of Authority. High Court's Reinstatement Order Set Aside for Exceeding Writ Jurisdiction by Reappreciating Evidence.

4 Dec 2020

The case arose from disciplinary proceedings against Rajendra Kumar Dubey, a Constable in the Railway Protection Force (RPF), who was charged with gro...

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