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High Court of Bombay Dismisses Interim Application, Holds Limitation and Due Diligence as Key Issues in Share Recovery Suit. Summary Judgment Denied in Share Dispute Due to Limitation and Need for Oral Evidence

Summary Judgment under Order XIII-A of the CPC: The Court held that a summary judgment can only be granted if the Defendant has no real prospect of d...

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Supreme Court Clarified the Scope of Interim Moratorium under Section 96 of the Insolvency and Bankruptcy Code, 2016 – Held That Regulatory Penalties Imposed by the Consumer Protection Act, 1986, Are Not Covered

Invoking Insolvency Proceedings Cannot stay execution of Penalty Orders for Consumer Protection Law Violations – The Apex Court Upheld the NCDRC’s...

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Supreme Court of India – Civil Appellate Jurisdiction – Consumer Protection Act, 2019 – Limitation Period – Continuing Cause of Action – Error on Face of Record – Substantive Right Over Procedural Technicality – NCDRC Order Quashed and Set Aside.

Consumer Protection Act, 2019 – Section 67 – Limitation Period to File Complaint – Continuing Cause of Action Upheld – NCDRC's Dismissal on Li...

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Supreme Court of India Ruled on the Definition of ‘Consumer’ Under the Consumer Protection Act, 1986 in Loan Transactions

The Apex Court Held That a Borrower of a Project Loan Does Not Qualify as a ‘Consumer’ When the Loan is Availed for Commercial Purposes The Supre...

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Claim Repudiation — Non-Disclosure of Material Facts — Substantial Disclosure — Prudent Insurer Test — Reinstatement of Insurance Benefits with Interest

The Supreme Court held that the non-disclosure of additional policies did not amount to material suppression because the disclosed policy itself had a...

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Earnest Money Forfeiture – Contractual Obligations – One-Sided Agreements – Consumer Protection

Forfeiture Clause – Valid But Limited to 10% of BSP – Contractual forfeiture of 20% BSP was excessive – Courts can interfere with unfair and one...

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National Consumer Disputes Redressal Commission Orders Refund to Homebuyer in Vatika India Next Project - Consumer Protection Act Applies to Plot Allotment Despite Arbitration Clause - Deficiency in Service Established for Delayed Possession

The National Consumer Disputes Redressal Commission allowed a consumer complaint filed by Complainant( s) against Opp.Party(s) for deficiency in servi...

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Supreme Court Sets Aside NCDRC Decision; Affirms No Medical Negligence by Doctor in Ptosis Surgery. Confirming that complications alone do not establish negligence, the Court restores the State Commission's dismissal of the complaint for lack of evidence of negligence.

The Supreme Court set aside the NCDRC’s decision awarding compensation to a minor patient for alleged medical negligence in a ptosis surgery perform...

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Supreme Court Upholds NCDRC Judgment on Delay in Possession: Balancing Interests of Allottee and Developer "Supreme Court affirms NCDRC's order for refund with interest, recognizing delays from both parties; upholds jurisdiction and considers absence of completion certificate."

The Supreme Court addressed appeals arising from a National Consumer Disputes Redressal Commission (NCDRC) judgment concerning a housing dispute. The ...

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Supreme Court Upholds NCDRC Order for Refund in Real Estate Dispute: Emphasizes Consumer Rights. Real Estate Developer Ordered to Refund Over ₹7 Crore with Interest; NCDRC's Decision on Consumer Status and Deficiency in Service Affirmed.

The Supreme Court dismissed an appeal by a real estate developer challenging the National Consumer Disputes Redressal Commission (NCDRC) order, which ...