Supreme Court of India

Doctors can run individual clinics in NOIDA residential areas but not nursing homes: SC

Chairman & Chief Executive Officer Vs Mange Ram Sharma (Supreme Court of India)

Chairman & Chief Executive Officer Vs Mange Ram Sharma (Supreme Court) Supreme Court held that individual doctors would not be entitled to any benefit under the Scheme that the NODIA will declare under this order. A clinic simplicitor can be run by a doctor within such area as already specified, of his or her residence. […]...

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Employer cannot dispute date of birth of employee at fag end of his service: SC

Shankar Lal Vs Hindustan Copper Ltd. (Supreme Court of India)

Shankar Lal Vs Hindustan Copper Ltd. (Supreme Court of India) Facts- The appellant is before us primarily questioning the validity of an order of the employer treating his date of birth as 21st September 1945. This date has relevance for computation of his benefits accruing from a Voluntary Retirement Scheme, for which he applied and [&he...

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No Deemed Registration under section 12AA: SC

Harshit Foundation Sehmalpur Jalalpur Jaunpur Vs CIT Faizabad (Supreme Court)

Harshit Foundation Sehmalpur Jalalpur Jaunpur Vs CIT Faizabad (Supreme Court) The only question which is posed for consideration before the High Court was whether on non-deciding the application for registration under Section 12AA (2) of the Income Tax Act, 1961 (‘the Act’) within a period of six months, there shall be deemed registra...

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Arbitrator can award post award interest on interest component: SC

Indian Oil Corpn. Ltd. Vs U.B. Engineering Ltd. (Supreme Court of India)

Indian Oil Corpn. Ltd. Vs U.B. Engineering Ltd. (Supreme Court of India) The issue whether the learned Arbitrator could have awarded the interest on the interest of Rs. 2,27,58,137.08 from the date of award till realization and whether the same can be said to be interest on interest is now not res integra in view […]...

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SC Dismisses Plea for Injunction against Hindi Remake of Tamil Film ‘Valee’

S. J. Suryah (A.K.A S. Justin Selvaraj) Vs S. S. Chakravarthy (Supreme Court)

S. J. Suryah (A.K.A S. Justin Selvaraj) Vs S. S. Chakravarthy (Supreme Court) We have heard Mrs. V. Mohana, learned Senior Advocate, appearing for the petitioner for about half an hour but unable to convince this Court on the injunction to be granted against the remake of the film ‘Vaalee’ in Hindi and other languages. […]...

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Mortgagor can Redeem Usufructuary Mortgage at any Point of Time: SC

Harminder Singh(D) Thr. Lrs. Vs Surjit Kaur(D) Thr. Lrs. (Supreme Court of India)

Harminder Singh(D) Thr. Lrs. Vs Surjit Kaur(D) Thr. Lrs. (Supreme Court of India) Transfer of Property Act, 1882; Section 62 – Usufructuary Mortgage – Once a usufructuary mortgage is created, the mortgagor has a right to redeem the mortgage at any point of time on the principle that once a mortgage always a mortgage. FULL [&he...

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Insurance company must communicate insurance policy details to policyholder: SC

Anju Kalsi Vs HDFC Ergo General Insurance Company Limited and Another (Supreme Court of India)

SC held that It is duty of insurance company to communicate details of terms and conditions of insurance policy to the beneficiaries of insurance....

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Appointments in Contravention of Legal Provisions are Void Ab Initio: SC

State of Odisha & Ors. Etc.  Vs Sulekh Chandra Pradhan Etc. (Supreme Court of India)

State of Odisha & Ors. Etc.  Vs Sulekh Chandra Pradhan Etc. (Supreme Court of India) In this case  Perusal of the sub-­rule (1) of Rule 5 of the Odisha Education (Recruitment and Conditions of Service of Teachers and Members of the Staff of Aided Educational Institutions) Rules, 1974 would show that the Secretary of the […]...

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Doctors cannot be said to be Negligent merely because Patient could not be saved: SC

Dr. Chanda Rani Akhouri Vs Dr. M. A. Methusethupathi (Supreme Court)

It will be necessary that sufficient material on medical evidence should be available before the adjudicating authority to arrive at a conclusion that the death is due to medical negligence. Even death of a patient cannot, on the face of it, be considered to be medical negligence....

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Sec 138 NI Act – blanket exemption from personal appearance cannot be granted

Mahesh Kumar Kejriwal Vs Bhanuj Jindal (Supreme Court of India)

Mahesh Kumar Kejriwal Vs Bhanuj Jindal (Supreme Court of India) Learned counsel for the petitioner has attempted his best to persuade us to interfere with the orders impugned, whereby the petitioners’ prayer for exemption altogether from appearance in the case pertaining to the offence under Section 138 of the Negotiable Instruments Act...

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