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Supreme Court

Supreme Court Dismisses Appeal in Bank Account Suit — Plaint Rejected as Barred by Limitation Under Article 113 of Limitation Act, 1963. Exchange of Correspondence Cannot Extend Limitation Once Right to Sue Accrues.

1 Jan 2020

The appellant, Shakti Bhog Food Industries Ltd., filed a civil suit in 2005 against the Central Bank of India and another respondent seeking a decree ...

Supreme Court

Supreme Court Upholds High Court Ruling That Time Limit Under Section 14 of SARFAESI Act is Directory. The provision requiring District Magistrate to pass possession order within 30 days (extendable to 60 days) is directory, as non-compliance does not invalidate proceedings or prejudice the borrower.

1 Jan 2020

The appeal arose from a judgment of the Kerala High Court which held that the time limit under Section 14 of the Securitisation and Reconstruction of ...

Supreme Court

Supreme Court Allows Builder's Appeals in Consumer Cases, Sets Aside Refund Order. Clause 11.4 of Builder-Buyer Agreement Limits Developer's Liability to Refund Only if Agreement is Terminated; Allottees Not Entitled to Refund Without Termination.

1 Jan 2020

The appeals arise from a common judgment of the National Consumer Disputes Redressal Commission (NCDRC) in ten consumer cases filed by allottees again...

Supreme Court

Supreme Court Upholds Insurance Claim for Helicopter Damage During Transit — Storage and Assembly at Intermediate Point Held Within 'Ordinary Course of Transit' Under Marine Insurance Policy. The court affirmed that a transit marine insurance policy covers the entire journey from origin to final destination, including intermediate halts for assembly, and repudiation of claim amounts to deficiency in service.

1 Jan 2020

The case involves a dispute between Bajaj Allianz General Insurance Co Ltd (appellant) and the State of Madhya Pradesh (respondent) regarding a transi...

Supreme Court

Supreme Court Allows Appeal in Arbitration Enforcement Case — Upholds Arbitral Award Despite Conflicting Jurisdiction Clauses. Court Holds That Where Multiple Agreements Contain Different Arbitration Clauses, a Common Arbitrator Can Be Appointed with Consent, and the Award Is Not Liable to Be Set Aside Under Section 34 of the Arbitration and Conciliation Act, 1996.

1 Jan 2020

The dispute arose between Quippo Construction Equipment Ltd. (appellant) and Janardan Nirman Pvt. Ltd. (respondent) concerning four agreements for hir...

Supreme Court

Supreme Court Allows Appeal in Insurance Claim Case for Theft of Vehicle Purchased at Auction — Insurer Cannot Repudiate Claim on Ground of Lack of Insurable Interest When Premium Was Accepted and Policy Issued Reflecting Transferee's Name.

31 Jul 2019

The appellant, M/s. Balwant Singh & Sons, purchased a vehicle at an auction conducted by ICICI Bank, the hypothecatee, after the original owner (third...

Supreme Court

Supreme Court Allows Appeals in Wind Power Tariff Dispute — Commissioning Date Determines Applicable Tariff. Actual Injection of Power into Grid is the Criterion for Commissioning Under Electricity Act, 2003.

25 Jul 2019

The Supreme Court of India heard appeals from the Madhya Pradesh Power Management Company Ltd. and another against a High Court judgment that directed...

Supreme Court

Supreme Court Allows Rajasthan Housing Board's Appeal in Consumer Dispute Over LIG Tenement Allotment — Complaint Barred by Limitation and Delay. The Court held that the NCDRC erred in restoring the District Forum's order directing allotment at 1992 rates, as the respondent's own letters showed financial inability to pay and the complaint was filed after gross delay under the Consumer Protection Act, 1986.

22 Jul 2019

The Supreme Court allowed the appeal filed by the Rajasthan Housing Board against the judgment of the National Consumer Disputes Redressal Commission ...

Supreme Court

Supreme Court Restores Compensation Against Operating Surgeon in Medical Negligence Case. Low Platelet Count Surgery Held Unreasonable Under Consumer Protection Act, 1986.

19 Jul 2019

The appellant, Nand Kishore Prasad, filed a consumer complaint after his 15-year-old son Sanjay Kumar died following surgery at Kurji Holy Family Hosp...

Supreme Court

Supreme Court Allows Appeal Against Quashing of Theft of Electricity Proceedings: Special Court Empowered to Take Cognizance Without Committal Under Section 151 of Electricity Act, 2003. The High Court's order quashing proceedings under Section 482 CrPC was set aside as it failed to consider the proviso to Section 151 of the Electricity Act, 2003, which allows direct cognizance by the Special Court.

12 Jul 2019

The Supreme Court allowed an appeal filed by an officer of the Southern Power Distribution of Telangana Limited (SPDTL) against the order of the High ...

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