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Supreme Court

Supreme Court Allows TNEB Appeal in Dearness Allowance Dispute — Board Bound by Settlement to Follow State Government DA Rates. Employees Cannot Claim Higher DA Based on Central Government Rates When Settlement Links DA to State Government Rates.

13 Feb 2019

The appeals arise from a dispute between the Tamil Nadu Electricity Board (Board) and its employees' unions regarding the payment of Dearness Allowanc...

Supreme Court

Supreme Court Allows Tenants' Appeal, Holds Landlord-Tenant Disputes Under Transfer of Property Act Non-Arbitrable. Dispute Arising from Lease Expiry by Efflux of Time Cannot Be Referred to Arbitration as the Subject-Matter Is Incapable of Arbitration Under Section 11(6A) of the Arbitration and Conciliation Act, 1996.

13 Feb 2019

The appeal arose from a tenancy agreement dated 02.02.2006 between the appellants (tenants) and the respondent's predecessor-in-title for godowns and ...

Supreme Court

Supreme Court Allows State Bank of India's Appeal Against High Court Order Setting Aside Salary Revision for Officer Posted Abroad. Contractual Clause Permitting Revision of Salary Upheld as Binding Under Section 18 of State Bank of India Act, 1955.

12 Feb 2019

The Supreme Court allowed the appeal filed by the State Bank of India and others against the judgment of the Bombay High Court. The respondent, Ravind...

Supreme Court

Supreme Court Allows Flat Purchasers' Appeal in Consumer Dispute Against Developer for Delayed Possession — Interest Extended Until Actual Possession. The Court held that the developer cannot avoid liability for interest by denying possession due to the filing of a consumer complaint, and the contractual compensation rate was inadequate under the Consumer Protection Act, 1986.

11 Feb 2019

The case involves a consumer dispute between flat purchasers and a developer, Mantri Castles Pvt. Ltd., regarding delayed possession of flats in Banga...

Supreme Court

Supreme Court Allows Flat Purchasers' Appeal in Consumer Dispute Against Developer for Delayed Possession — Interest Extended Until Actual Possession. The court held that the NCDRC's limitation of interest to 31 July 2016 was unjustified as many purchasers had not received possession, and the contractual compensation rate was inadequate under the Consumer Protection Act, 1986.

11 Feb 2019

The Supreme Court of India heard two sets of appeals against an order of the National Consumer Disputes Redressal Commission (NCDRC) dated 8 June 2018...

Supreme Court

Supreme Court Allows Dealer's Appeal in Sales Tax Dispute Over Free Warranty Replacement of Defective Parts. The Court Held That Free Replacement Under Warranty Does Not Constitute a Sale Under Section 4(1) of the Sale of Goods Act, 1930, as Consideration Is Already Included in the Original Sale Price.

5 Feb 2019

The Supreme Court considered a batch of appeals concerning the liability to sales tax on free replacement of defective parts in motor vehicles during ...

Supreme Court

Supreme Court Allows Appeal in Insurance Claim Dispute — Constructive Total Loss of Hydraulic Excavator Entitles Insured to Full Sum Insured Without Deduction for Underinsurance or Depreciation Applied at Renewal. The Court held that the insurer cannot apply underinsurance or double depreciation when the sum insured was fixed by the insurer at renewal without a fresh proposal form.

1 Feb 2019

The appellant, Sumit Kumar Saha, purchased a Volvo Hydraulic Excavator on 27.03.2007 for Rs.51,74,000/- and insured it with the respondent, Reliance G...

Supreme Court

Supreme Court Dismisses Appeal in Medical Negligence Case — No Negligence Found in Treatment and Discharge of Cancer Patient. Doctor's Decision to Administer Oral Antibiotic and Discharge Patient Held to Be Within Accepted Medical Practice Under Bolam Test.

1 Feb 2019

The appellant, Vinod Jain, filed a consumer complaint alleging medical negligence against Santokba Durlabhji Memorial Hospital and Dr. R.K. Jat after ...

Supreme Court

Supreme Court Dismisses Appeal of Company Secretary for Lack of Requisite Experience. Experience as Management Trainee or Assistant Company Secretary Cannot Be Counted as Experience 'as' Company Secretary for Eligibility.

31 Jan 2019

The appellant, Ritu Bhatia, applied for the post of Company Secretary with Central Railside Warehouse Company Limited, which required five years' post...

Supreme Court

Supreme Court Dismisses Appeal in Insurance Claim Dispute — Policy Cancellation Upheld Due to Non-Disclosure of Material Facts. Insured failed to disclose pre-existing health condition and pending litigation, rendering policy void ab initio under Section 45 of Insurance Act, 1938.

25 Jan 2019

The appellant, a company, had taken an insurance policy from the respondent insurer. The policy was issued on 15.10.2010. However, on 17.10.2010, a me...

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