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Supreme Court

Supreme Court Allows Appeal in Family Settlement Dispute — Upholds Validity of Pre-Emptive Right Clause. Clause requiring written concurrence of all co-sharers before sale to third party is valid and binding; High Court erred in holding it vague and void.

20 Aug 2019

The dispute arose from a family settlement dated 31.03.1982 among three brothers, including the appellant Tilak Raj Bakshi (plaintiff), the first defe...

Supreme Court

Supreme Court Allows Refund of Rs.40 Crores Deposited by Borrower in SARFAESI Act Proceedings — Deposit Made to Show Bona Fides, Not as Payment of Dues. The Court held that a deposit made pursuant to an interim order to demonstrate bona fides cannot be appropriated by the Bank when the interim order is set aside and the OTS is rejected.

20 Aug 2019

The case arises from a dispute between M/s Kut Energy Pvt. Ltd. and others (appellants/borrowers) and Punjab National Bank and others (respondents) co...

Supreme Court

Supreme Court Allows Appeal of Accused No. 4 in Property Dispute Case — Quashes Criminal Proceedings for Lack of Prima Facie Case. Lease Deed Based on Registered Document Does Not Attract Criminal Liability Without Evidence of Conspiracy Under Section 482 CrPC.

20 Aug 2019

The Supreme Court dealt with two sets of appeals arising from a common High Court order dated 01.06.2017. The complainant, Fatima Hasna, filed a priva...

Supreme Court

Supreme Court Allows Appeal for Enhanced Compensation in Motor Accident Claim - Multiplier Applied Based on Age of Deceased, Not Parents. Parents of Deceased Student Entitled to Future Prospects, Loss of Consortium, and Loss of Estate Under Motor Vehicles Act, 1988.

14 Aug 2019

The present Civil Appeal arose from a motor accident claim filed by the parents of Ambika Thakur, a 20-year-old student who died in a road accident on...

Supreme Court

Supreme Court Dismisses Application for Clarification in AMIE Degree Equivalence Case. Institution of Mechanical Engineers (India) Cannot Claim Its Associate Membership Certificate as Equivalent to a Degree in Engineering Without UGC or AICTE Approval.

13 Aug 2019

The case pertains to a Miscellaneous Application filed by the Institution of Mechanical Engineers (India) in a disposed Civil Appeal. The appellant, a...

Supreme Court

Supreme Court Remands Land Acquisition Case for Fresh Consideration by High Court — Policy for Release of Unutilized Land Requires Deeper Examination. The Court set aside the High Court's dismissal of the writ petition at the threshold and directed fresh consideration of the appellants' representation for release of land from acquisition under the Land Acquisition Act, 1894.

13 Aug 2019

The appellants, Krishan Chander and another, were owners of land in Village Para, District Rohtak, which was acquired for development of Sector 36, Ro...

Supreme Court

Supreme Court Directs Insurer to Pay Compensation to Injured Gratuitous Passengers in Goods Vehicle with Right to Recover from Owner and Driver. Pay and Recover Principle Applied in Favor of Young Claimants with Permanent Disabilities Despite Policy Exclusion.

9 Aug 2019

The appeals arose from a judgment of the Punjab and Haryana High Court concerning compensation for injuries sustained by two gratuitous passengers in ...

Supreme Court

Supreme Court Allows Appeal by Bihar State Housing Board in Plot Allotment Price Dispute — Contract Concluded After Acceptance of Revised Price. The Court held that once the respondent accepted the revised price and entered into a concluded contract, it could not challenge the price in writ proceedings.

9 Aug 2019

The Supreme Court allowed the appeal filed by the Bihar State Housing Board against the judgment of the Patna High Court. The dispute arose from an ad...

Supreme Court

Supreme Court Allows State Appeals in Land Acquisition Lapse Case — Period of Interim Stay Must Be Excluded Under Section 11A of Land Acquisition Act, 1894. The Court held that the High Court erred in not excluding the period of interim stay while computing the two-year period for declaring the award under Section 11 of the Land Acquisition Act, 1894, and quashed the High Court's order that had declared the acquisition lapsed.

9 Aug 2019

The Supreme Court allowed the appeals filed by the State of Maharashtra against the judgment of the Bombay High Court (Aurangabad Bench) which had qua...

Supreme Court

Supreme Court Allows State's Appeals in Grant-in-Aid Dispute, Holding No Vested Right Under Repealed 1994 Order. Employees Cannot Claim Grant-in-Aid After Repeal of Orissa (Non Government Colleges, Junior Colleges and Higher Secondary Schools) Grant-in-Aid Order, 1994, as Grant-in-Aid is Not a Vested Right and Depends on State's Economic Capacity Under Section 7C of Orissa Education Act, 1969.

9 Aug 2019

The appeals arose from a common question: whether employees of non-government educational institutions in Odisha could claim grant-in-aid under the Or...

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