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Supreme Court

Supreme Court Allows Developer's Appeal in Part, Reducing Interest Rate on Refund for Delayed Possession of Row House. Buyer's Agreement's One-Sided Clause on Delay Interest Does Not Preclude Claim for Reasonable Compensation; Refund Upheld but Interest Reduced from 12% to 9%.

25 Mar 2019

The case involves a dispute between Kolkata West International City Pvt Ltd (the developer/appellant) and Devasis Rudra (the buyer/respondent) arising...

Supreme Court

Supreme Court Allows Appeal and Restores Developer as Party in Consumer Complaint Under RERA — Deletion Order Set Aside Due to Prima Facie Connection with Project. The Court held that the definition of 'promoter' under Section 2(zk) of the Real Estate (Regulation and Development) Act, 2016 includes both the entity constructing and the entity selling apartments, and deletion at preliminary stage is not warranted if there is prima facie material showing connection.

25 Mar 2019

The Supreme Court allowed the appeal filed by the Association for Consumer Welfare and Aid against the order of the National Consumer Disputes Redress...

Supreme Court

Supreme Court Dismisses Appeals Challenging Ceiling Orders Under Haryana Ceiling on Land Holdings Act, 1972 — Civil Suits Barred by Section 26 of the Act. The Court held that the civil suits challenging the Prescribed Authority's order were expressly barred by Section 26(b) of the Act, and the proper remedy was an appeal/revision under Section 18 of the Act.

15 Mar 2019

The appeals arose from two civil suits challenging an order dated 17.10.1978 passed by the Prescribed Authority under the Haryana Ceiling on Land Hold...

Supreme Court

Supreme Court Allows Appeal in Property Dispute Over Resumption Notice — High Court's Dismissal of Writ Petition Set Aside. The Court Held That the High Court Erred in Dismissing the Writ Petition on the Ground of Disputed Questions of Title When the Earlier Division Bench Had Already Declared the Resumption Notice Illegal Under the Same Facts.

15 Mar 2019

The dispute pertains to a property in Pune, originally owned by Burjorji Goostadji and Cooverbai Homi Karani, who sold it to Mohammad Hajjibhoy in 192...

Supreme Court

Supreme Court Dismisses Appeals by Postal Department, Holds Gramin Dak Sewaks Entitled to Gratuity Under Payment of Gratuity Act, 1972. Voluntary Resignation Does Not Bar Gratuity as Section 4(1)(b) of the Act Overrides Rule 6(13) of the Gramin Dak Sewak (Conduct & Engagement) Rules, 2011.

15 Mar 2019

The Supreme Court considered two appeals arising from the Punjab & Haryana High Court concerning the entitlement of Gramin Dak Sewaks (GDS) to gratuit...

Supreme Court

Supreme Court Upholds Life Ban on Cricketer in BCCI Spot-Fixing Case — Disciplinary Committee's Findings Based on Audio Recordings and Commissioner's Report Upheld. The Court held that the standard of proof in domestic disciplinary proceedings is preponderance of probabilities, and the BCCI's decision was not perverse.

15 Mar 2019

The Supreme Court dismissed the appeal filed by cricketer S. Sreesanth challenging the life ban imposed by the Board of Control for Cricket in India (...

Supreme Court

Supreme Court Restrains West Bengal Police from Obstructing CBFC-Certified Film Exhibition. State Cannot Act as Super-Censor Over Films Certified Under Cinematograph Act, 1952.

15 Mar 2019

The petitioners, Indibily Creative Pvt Ltd and its directors, produced a Bengali feature film titled 'Bhobishyoter Bhoot' (meaning 'future ghosts'), a...

Supreme Court

Supreme Court Allows Appeal of Export Credit Guarantee Corporation in Insurance Claim Dispute — Exclusion Clause for Collecting Bank's Default Applies. The court held that the loss arose from the default of the collecting bank, BHCI, which released documents without acceptance, and thus the insurer was not liable under the Shipments Policy.

13 Mar 2019

The case involves a dispute between the Export Credit Guarantee Corporation of India Ltd. (ECGC), the appellant, and M.S. Creations, the first respond...

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 Allows Appeal by ECIL, Restores Single Judge Order Denying Age Relaxation to Outsourced Workers. Division Bench's Direction to Permit Participation in Selection Set Aside as Respondents Were Not Entitled to Age Relaxation Under Notification.

8 Mar 2019

The case involves an appeal by The Electronic Corporation of India Ltd. (ECIL) against a judgment of the Division Bench of the High Court of Judicatur...

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