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Supreme Court

Supreme Court Allows Appeal in Motor Accident Claim, Sets Aside Contributory Negligence Finding and Enhances Compensation. The Court held that contributory negligence cannot be based on surmise when evidence shows negligence of the other party, and future prospects of 15% must be added for a government employee aged 53 under Section 166 of the Motor Vehicles Act, 1988.

11 Dec 2019

The appeal arose from a motor accident claim filed by the widow of a deceased government employee. The accident occurred on 13 August 2008 when the de...

Supreme Court

Supreme Court Dismisses Appeal Against Arbitral Award Due to Excessive Delay in Filing Section 37 Appeal. Delay of 189 days beyond 90-day statutory period cannot be condoned as it exceeds the maximum permissible delay of 120 days under Section 37 of the Arbitration and Conciliation Act, 1996 read with Section 5 of the Limitation Act, 1963.

6 Dec 2019

The case arose from an arbitral award dated 19.12.2006 made by Justice K.N. Saikia, a retired Supreme Court judge. The award was challenged under Sect...

Supreme Court

Supreme Court Allows State Appeal in Leasehold Conversion Case: Conversion Charges Payable at Rate Prevalent on Date of Decision, Not Application. The Court held that an applicant must comply with policy conditions and no vested right arises on mere application under the Government Grants Act, 1895.

6 Dec 2019

The State of Odisha appealed against a High Court judgment directing computation of conversion charges for leasehold to freehold at rates prevalent on...

Supreme Court

Supreme Court Allows Appeal in Misbranded Food Case Due to Denial of Right to Re-test Sample Under Section 13(2) of Prevention of Food Adulteration Act, 1954. The court held that the right to get a sample analysed by the Central Food Laboratory applies to misbranded food articles and denial of this right due to prosecution's negligence vitiates proceedings.

29 Nov 2019

The appeal arose from a judgment of the High Court of Madhya Pradesh dismissing the appellant's application under Section 482 CrPC for quashing an ord...

Supreme Court

Supreme Court Upholds Regularization of Contractual Entomologists in Municipal Corporation — Monetary Benefits Limited to Tribunal's Judgment Date. Regularization of employees appointed after public advertisement and interview since 1997-8 upheld, but monetary benefits granted from 1 October 2015 instead of 2008.

22 Nov 2019

The Supreme Court disposed of an appeal by the North Delhi Municipal Corporation against a High Court order directing regularization of respondents as...

Supreme Court

Supreme Court Holds Order VIII Rule 6A CPC Mandatory for Filing Counterclaim Before Written Statement. Counterclaim Filed After Written Statement Is Not Permissible as Provision Imposes Embargo on Belated Filing.

19 Nov 2019

The Supreme Court of India, in a three-judge bench, addressed a reference regarding the interpretation of Order VIII Rule 6A of the Code of Civil Proc...

Supreme Court

Supreme Court Allows Revocation of Probate in Will Case Due to Fraud and Non-Issuance of Citation. Probate Granted Without Notice to Legal Heir Set Aside as Obtained by Suppression of Facts and Forged No-Objection Certificate.

14 Nov 2019

The appeal arose from a judgment of the Calcutta High Court dismissing an application for revocation of probate. The appellant, Manju Puri, daughter o...

Supreme Court

Supreme Court Allows Revision Condonation Delay in Himachal Pradesh VAT Act — Section 5 Limitation Act Applicable. High Court's revisional power under Section 48 of the HP VAT Act, 2005 includes power to condone delay under Section 5 of Limitation Act, 1963 as Section 29(2) applies unless expressly excluded.

25 Oct 2019

The Supreme Court considered appeals against the Himachal Pradesh High Court's judgment dated 19.11.2018, which refused to condone delay in filing rev...

Supreme Court

Supreme Court Upholds High Court Decision on Public Parking Lot and FSI Computation in Mumbai Building Project. The Court held that construction of public parking lot above plinth level without valid commencement certificate was illegal, and remanded FSI computation issues for fresh consideration.

24 Oct 2019

The case involves a dispute over the construction of a residential building and a public parking lot (PPL) by Shree Ram Urban Infrastructure Ltd. (SRU...

Supreme Court

Supreme Court Allows State's Appeal and Condoned Delay in Filing First Appeal Due to Bureaucratic Delay and Strategic Importance of Land. The Court held that the High Court should have considered the impersonal nature of government functioning and condoned the delay to avoid injustice to the State's interest.

22 Oct 2019

The Supreme Court allowed the appeal filed by the State of Manipur and others against the judgment of the High Court of Manipur, which had refused to ...

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