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Supreme Court

Supreme Court Dismisses Buyer's Refund Claim for Central Excise Duty Paid Under Protest by Manufacturer — Limitation Period Under Section 11B Applies Separately to Buyer. The right of the buyer to claim refund under Section 11B(2)(e) of the Central Excise Act, 1944 is distinct from that of the manufacturer, and the benefit of the second proviso (duty paid under protest) does not extend to the buyer.

20 Feb 2019

The case involves a batch of appeals by Western Coalfields Ltd. (the buyer) against the rejection of its refund claim for central excise duty paid by ...

Supreme Court

Supreme Court Finds Reliance Companies Guilty of Contempt for Breach of Undertakings to Pay INR 550 Crore to Ericsson India Pvt. Ltd. The court held that the undertakings making payment conditional upon sale of assets were contrary to the court's order and constituted wilful disobedience.

20 Feb 2019

The Supreme Court of India dealt with three contempt petitions filed by Ericsson India Pvt. Ltd. against Reliance Communications Ltd., Reliance Teleco...

Supreme Court

Supreme Court Dismisses Appeals Against Enforcement of Foreign Arbitral Awards Under Part II of Arbitration and Conciliation Act, 1996 — Holds That Objections to Enforceability Must Be Raised Under Section 48 and That Pendency of Civil Suit Does Not Bar Execution.

20 Feb 2019

The case involves two special leave petitions filed by LMJ International Ltd. and Sri Munisuvrata Agri International Ltd. against Sleepwell Industries...

Supreme Court

Supreme Court Modifies Interest Rate to 9% in Consumer Disputes Against Developer for Delayed Possession. The Court upheld deficiency in service but reduced interest from 15% to 9% per annum, following earlier precedent in Himanshu Arora case.

20 Feb 2019

The Supreme Court disposed of a batch of appeals arising from consumer complaints against DLF Homes Panchkula (P) Ltd. regarding its residential proje...

Supreme Court

Supreme Court Allows Flat Purchasers' Appeal in Consumer Dispute Against Developer for Delayed Possession — Interest Extended Until Actual Possession. The Court held that the developer cannot avoid liability for interest by denying possession due to the filing of a consumer complaint, and the contractual compensation rate was inadequate under the Consumer Protection Act, 1986.

11 Feb 2019

The case involves a consumer dispute between flat purchasers and a developer, Mantri Castles Pvt. Ltd., regarding delayed possession of flats in Banga...

Supreme Court

Supreme Court Allows Flat Purchasers' Appeal in Consumer Dispute Against Developer for Delayed Possession — Interest Extended Until Actual Possession. The court held that the NCDRC's limitation of interest to 31 July 2016 was unjustified as many purchasers had not received possession, and the contractual compensation rate was inadequate under the Consumer Protection Act, 1986.

11 Feb 2019

The Supreme Court of India heard two sets of appeals against an order of the National Consumer Disputes Redressal Commission (NCDRC) dated 8 June 2018...

Supreme Court

Supreme Court Allows Dealer's Appeal in Sales Tax Dispute Over Free Warranty Replacement of Defective Parts. The Court Held That Free Replacement Under Warranty Does Not Constitute a Sale Under Section 4(1) of the Sale of Goods Act, 1930, as Consideration Is Already Included in the Original Sale Price.

5 Feb 2019

The Supreme Court considered a batch of appeals concerning the liability to sales tax on free replacement of defective parts in motor vehicles during ...

Supreme Court

Supreme Court Allows Appeal in Arbitration Appointment Case — Incorporation of Arbitration Clause by Reference in Sale Orders Under Coal Distribution Scheme. General Reference to Guidelines Containing Arbitration Clause is Sufficient Under Section 7(5) of Arbitration and Conciliation Act, 1996.

1 Feb 2019

The present civil appeal arose from an order of the Jharkhand High Court rejecting an application under Section 11(6) of the Arbitration and Conciliat...

Supreme Court

Supreme Court Upholds Enhanced Compensation for Land Acquisition in Industrial Model Township, Manesar — Base Rate of Rs. 20 Lakhs Per Acre with 12% Annual Increase Applied Uniformly Across All Phases. The Court affirmed that no distinction should be made between different land types for compensation, and the same rate applies to all lands acquired for the same public purpose.

30 Jan 2019

The Supreme Court disposed of a batch of civil appeals arising from the acquisition of about 1500 acres of land for the development of Industrial Mode...

Supreme Court

Supreme Court Upholds Decree for Specific Performance of Agreement to Sell Joint Hindu Family Property by Karta. Readiness and Willingness of Plaintiff to Perform Contract is a Finding of Fact Binding on Appellate Courts.

28 Jan 2019

The Supreme Court dismissed the appeal filed by the defendants (legal representatives of the original defendant No.1 and defendant Nos. 2 and 3) again...

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