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Supreme Court

Supreme Court Allows Defendant in Commercial Suit to File Written Statement Despite Expiry of 120-Day Limit Due to COVID-19 Disruptions. Time Limit Under Proviso to Order VIII Rule 1 of Code of Civil Procedure, 1908 as Substituted by Commercial Courts Act, 2015 Extended Considering Orders in Suo Motu Writ Petition (Civil) No. 3 of 2020 and Administrative Curtailment of Court Functioning.

14 Feb 2022

The dispute arose from a commercial suit filed by the plaintiff-respondent against the defendant-appellant for recovery of Rs. 3,73,24,821/- with inte...

Supreme Court

Supreme Court Quashes Municipal Corporation's Mandamus for Land Acquisition Due to Lapsed Reservation and Financial Incapacity. Reservation under Development Plan Lapsed Under Section 127 of MRTP Act, 1966, and Acquisition Not Mandated as Corporation Lacked Funds Under RFCTLARR Act, 2013.

14 Feb 2022

The dispute involved a land reservation under the Kolhapur development plan sanctioned in 1999 for public purposes like parking and garden. The landow...

Supreme Court

Supreme Court Allows Appeal in Insurance Claim Case Due to Improper Repudiation Based on Delay in Intimation. The Court Held That Delay in Informing Insurer About Theft Does Not Automatically Disentitle Claimant If FIR Was Registered Promptly and Police Action Was Taken, Interpreting Condition No. 1 of the Insurance Contract in Favor of the Insured Under Consumer Protection Principles.

11 Feb 2022

The appeal arose from an order of the National Consumer Disputes Redressal Commission (NCDRC) which allowed a revision petition by the insurance compa...

Supreme Court

Supreme Court Modifies Punishment from Removal to Compulsory Retirement in Bank Disciplinary Case Due to Disproportionality. The court held that removal was too harsh as no financial loss occurred and the employee had 28 years of unblemished service, substituting it with compulsory retirement under principles of proportionality. (Paras 3.2, 6)

11 Feb 2022

The dispute involved an employee of a bank who was removed from service after disciplinary proceedings initiated based on complaints, including one fr...

Supreme Court

Supreme Court Reinstates Dismissal of Bank Employee in Industrial Disputes Case Due to Fraudulent Misappropriation. Tribunal's Interference Under Section 11A of Industrial Disputes Act, 1947 Held Unjustified as Punishment Was Not Shockingly Disproportionate Given Serious Nature of Fraud.

11 Feb 2022

The dispute arose from the dismissal of a bank employee for fraudulent misappropriation of funds. The respondent employee, a Clerk-cum-Typist, was sus...

Supreme Court

Supreme Court Sets Aside High Court Order for Release of Secured Asset on Partial Payment Under SARFAESI Act. The court held that Section 13(8) of the SARFAESI Act, 2002 requires full payment of dues for redemption, and partial payment does not entitle the borrower to reclaim the property.

10 Feb 2022

The dispute arose between a bank, as secured creditor, and a borrower over the enforcement of security interest under the Securitisation and Reconstru...

Supreme Court

Supreme Court Sets Aside High Court Judgment in Land Acquisition Case Due to Failure to Consider Pending Parallel Proceedings. The Court held that to avoid conflicting orders, appeals challenging the same acquisition notifications under Sections 4 and 6 of the Land Acquisition Act, 1894 must be heard together, and remanded the matter for consolidated disposal.

10 Feb 2022

The dispute arose from a land acquisition initiated by the M.P. Housing Board under the Land Acquisition Act, 1894. The respondents, who purchased the...

Supreme Court

Supreme Court Dismisses Review Petition in Motor Accident Compensation Case Due to Absence of Error Apparent on Record. Compensation Previously Enhanced from Rs. 22,35,870 to Rs. 40 Lakhs Maintained as No Grounds for Further Enhancement Established Under Review Jurisdiction.

10 Feb 2022

The dispute originated from a motor accident compensation claim where the Motor Accident Claims Tribunal in Madurai had awarded Rs. 22,35,870/-. This ...

Supreme Court

Supreme Court Dismisses Petition by Judicial Officer Seeking Reinstatement After Resignation. Transfer Found Not Illegal Under Madhya Pradesh Higher Judicial Services Transfer Policy, and Resignation Did Not Amount to Constructive Dismissal Under Constitutional and Service Law Provisions.

10 Feb 2022

The petitioner, a former Additional District and Sessions Judge in Madhya Pradesh, filed a writ petition under Article 32 of the Constitution of India...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Appellant in Bigamy and Forgery Case Due to Abuse of Process. Proceedings Were Maliciously Instituted with Ulterior Motive After Investigation Revealed No Prima Facie Case Under Sections 494, 495, 416, 420, 504, 506, 467, 468, 471 IPC, Following Principles from State of Haryana v. Bhajan Lal.

10 Feb 2022

The Supreme Court considered an appeal against the Allahabad High Court's order declining to quash criminal proceedings against the appellant. The app...

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