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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 Restores Concurrent Findings of Fraud in Property Dispute Between Siblings — General Power of Attorney and Sale Deeds Set Aside as Void. The court held that the plaintiff had sufficiently proved fraud by preponderance of probabilities, and the High Court erred in reversing the concurrent findings without establishing perversity.

1 Jan 2020

The dispute arose between the plaintiff, Joginder Kaur (since deceased, represented by her daughter Nirmal Gill), and her step-brothers and step-siste...

Supreme Court

Supreme Court Upholds Cancellation of Default Bail in NDPS Case Due to Prior Filing of Combined Complaint. The right to default bail under Section 167(2) CrPC is extinguished once a complaint is filed within the statutory period, even if the court granting bail is unaware of such filing.

1 Jan 2020

The Supreme Court dismissed three appeals challenging the High Court's order cancelling default bail granted to the appellants under Section 167(2) Cr...

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 of Taxpayer Against Non-Processing of Income Tax Returns and Refund Claims. Mandamus Issued to Process Returns Under Section 143(1) Within Four Weeks, Subject to Section 143(1D) and Section 241A of the Income Tax Act, 1961.

1 Jan 2020

The appellant, Vodafone Idea Ltd. (formerly Vodafone Mobile Services Ltd), is a telecommunications company that filed income tax returns for Assessmen...

Supreme Court

Supreme Court Allows Appeal Against Unconditional Stay of Arbitral Award in Favour of State Government. Order XXVII Rule 8A CPC Does Not Mandate Unconditional Stay; Court Must Impose Conditions Under Section 36(3) of Arbitration and Conciliation Act, 1996.

12 Jul 2019

The case arises from a dispute between PAM Developments Private Ltd. (appellant) and the State of West Bengal (respondent) concerning a tender for roa...

Supreme Court

Supreme Court Upholds Territorial Limitation of Sales Tax Exemption After State Bifurcation. Benefit of exemption/deferment granted under unified Madhya Pradesh is confined to the state where the industrial unit is located and does not extend to inter-state transactions with the other successor state.

9 Jul 2019

The Supreme Court considered a batch of appeals arising from the bifurcation of the State of Madhya Pradesh into the reorganised State of Madhya Prade...

Supreme Court

Supreme Court Dismisses Appeal of Reserved Category Candidate Who Availed Age Relaxation: Cannot Claim General Category Seat. Age Relaxation Under Gujarat Policy Is a Relaxation in Standard, Not a Mere Concession, and Candidates Availing It Must Be Adjusted Against Reserved Posts.

4 Jul 2019

The Supreme Court dismissed the appeal filed by Niravkumar Dilipbhai Makwana against the Gujarat Public Service Commission and others, upholding the D...

Supreme Court

Supreme Court Dismisses Appeal Against Framing of Charges in Terror Murder Case — Prima Facie Case of Conspiracy Under UAP Act Made Out Against PFI President. The Court held that at the stage of Section 227 CrPC, only a prima facie case is required, and the charge sheet materials sufficiently indicated the appellant's involvement in a conspiracy to murder RSS members, justifying the framing of charges under IPC, Arms Act, and UAP Act.

1 Jul 2019

The Supreme Court dismissed an appeal by Asim Shariff, the appellant, challenging the rejection of his discharge application under Section 227 of the ...

Supreme Court

Supreme Court Dismisses Appeal in Second Appeal Case - Punjab Courts Act Applies Over CPC. Substantial Question of Law Not Required for Second Appeals in Punjab Under Section 41 of Punjab Courts Act, 1918.

10 May 2019

The Supreme Court disposed of a civil appeal arising from a regular second appeal decided by the Punjab and Haryana High Court. The sole contention ra...

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