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Supreme Court

Supreme Court Allows Appeal Against NCLAT Order in Competition Law Case — Locus Standi of Informant Under Section 19(1)(a) of Competition Act, 2002. The Court held that the expression 'any person' in Section 19(1)(a) is wide and does not require the informant to be a consumer or competitor.

9 Sep 2020

The appeal arose from an information filed by Samir Agrawal, an independent law practitioner, before the Competition Commission of India (CCI) on 13.0...

Supreme Court

Supreme Court Upholds FIRs for Illegal Mining Despite Compounding Under MMDR Act — IPC Offences Are Distinct and Not Barred by Section 22 of MMDR Act. The court held that compounding under the MMDR Act does not bar prosecution under the IPC for theft and criminal misappropriation, as the offences are separate and distinct.

1 Sep 2020

The Supreme Court dismissed appeals by private appellants and the State of Madhya Pradesh against the High Court's refusal to quash FIRs for illegal m...

Supreme Court

Supreme Court Dismisses Appeal of Yum! Restaurants (Marketing) Private Limited in Doctrine of Mutuality Case — Surplus from AMP Activities Held Taxable as Income. Contributions from Non-Beneficiaries and Lack of Complete Identity Between Contributors and Beneficiaries Defeats Claim of Mutuality Under Income Tax Act, 1961.

24 Apr 2020

The appeal arose from a dispute between Yum! Restaurants (Marketing) Private Limited (YRMPL), a wholly owned subsidiary of Yum! Restaurants (India) Pv...

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 Pre-emptive Purchase Order Under Income Tax Act for Undervalued Property. Appropriate Authority's Valuation Based on Comparable Sales Upheld as Reasonable.

29 Jul 2019

The Supreme Court dismissed appeals by prospective buyers (Krishna Kumar Rawat & Ors.) and partly allowed the appeal by the Union of India against a H...

Supreme Court

Supreme Court Allows Government Appeal in Consumer Case Over Exim Policy Incentives. Exporter Not a Consumer as Government Does Not Render Service Under Consumer Protection Act, 1986.

11 Jul 2019

The Supreme Court allowed the appeal filed by the Ministry of Commerce against the order of the National Consumer Disputes Redressal Commission (NCDRC...

Supreme Court

Supreme Court Affirms Remand in Eviction Case Under Public Premises Act, Directs Interim Damages for Unauthorized Occupation. Lease expired by efflux of time; tenant continuing in possession without payment of rent; High Court's order of remand upheld but tenant directed to pay interim damages at Rs 2,50,000 per month from June 2014 to May 2018 and Rs 3,00,000 per month from June 2018 onwards under Sections 5(1) and 7(2) and (2A) of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971.

9 Jul 2019

The case involves a dispute between Bengal Chemicals and Pharmaceuticals Limited (a Government of India enterprise) as the owner of public premises an...

Supreme Court

Supreme Court Remands Oppression Petition in Share Allotment Dispute Under Sections 397/398 of Companies Act, 1956 — Preference Shareholder's Voting Rights and Validity of Allotments Require Reconsideration. The Court held that the allotments were made in compliance with Section 81(1A) but the High Court failed to properly assess the allegations of oppression, necessitating a fresh hearing by the Company Law Board.

10 May 2019

The appeal arose from a judgment of the Delhi High Court which set aside an order of the Company Law Board (CLB) in a petition under Sections 397 and ...

Supreme Court

Supreme Court Allows Class Action in Consumer Dispute Over Non-Delivery of Commercial Units. The Court Held That Sameness of Interest, Not Identical Cause of Action, Is Required for Class Action Under Section 12(1)(c) of the Consumer Protection Act, 1986.

10 May 2019

The appeal arose from a judgment of the National Consumer Disputes Redressal Commission dismissing a complaint filed by 44 appellants under Section 12...

Supreme Court

Supreme Court Upholds High Court's Interpretation of Lease Deed in State of Bihar v. Tata Iron & Steel Co. Ltd. — Interest on Arrears of Rent Calculated on Lump Sum Basis, Not Per Annum, Under Clause (xii) of Lease Deed. The Court held that the absence of the words 'per annum' in Clause (xii) of the Lease Deed was deliberate and the demand for interest on a yearly basis was illegal.

9 May 2019

The case involves a dispute between the State of Bihar (now Jharkhand) and Tata Iron & Steel Co. Ltd. regarding the calculation of interest on arrears...

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