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Supreme Court of India

SC imposes cost on Govt officer for Casual & Delayed Appeal Filing

January 11, 2021 906 Views 0 comment Print

State of Odisha & Ors. Vs Sunanda Mahakuda (Supreme Court of India) Looking to the period of delay and the casual manner in which the application has been worded, we consider appropriate impose costs of Rs.25,000/- to be deposited with the Supreme Court Advocates On Record Welfare Fund. The amount be deposited in four weeks. […]

One sided terms & conditions in agreement for sale of flat amounts to unfair trade practice

January 11, 2021 7842 Views 0 comment Print

IREO Grace Realtech Pvt. Ltd. Vs Abhishek Khanna & Others (Supreme Court of India) Section 14 of the 1986 Act empowers the Consumer Fora to redress the deficiency of service by issuing directions to the Builder, and compensate the consumer for the loss or injury caused by the opposite party, or discontinue the unfair or […]

Civil aspect of fraud can be adjudicated by an Arbitral Tribunal

January 11, 2021 3030 Views 0 comment Print

The arbitration agreement would not be rendered invalid, un-enforceable or non-existent, even if the substantive contract is not admissible in evidence, or cannot be acted upon on account of non-payment of Stamp Duty.

GST TRAN-I- SC dismisses plea on merit & also for delay in Filing

January 9, 2021 1950 Views 0 comment Print

Nodal Officer Delhi State GST Department Vs Aagman Services Private Limited & Ors. (Supreme Court) 1. There is delay of 238 days in filing the Special Leave Petition which has not been satisfactorily explained. Even otherwise, we have gone through the Special Leave Petition and do not find any merit in the same. 2. The […]

SC: Challenge Constitutional validity of CGST provisions before HC

January 7, 2021 6246 Views 0 comment Print

Supreme Court of India in Devendra Dwivedi vs Union of India & ors. [Writ Petition(s) (Criminal) No(s). 272/2020, dated January 7, 2021] dismissed writ petition under Article 32 of the Constitution of India, challenging constitutional validity of certain provisions of Central Goods and Services Tax Act, 2017

SC: HC can entertain writ against Sec 16(2) Order of Arbitrator only in exceptional cases

January 6, 2021 6972 Views 0 comment Print

Writ petition under Article 226/227 against an order under Sec 16(2) of an Arbitrator can be entertained only in exceptional cases, therefore, the High Court should not have used its inherent power to interject the arbitral process at this stage.

Is Concession in Law made by Counsel Binding on the Client?

January 5, 2021 8460 Views 0 comment Print

Kirti & Anr. Etc. Vs Oriental Insurance Company Ltd (Supreme Court of India) A very important issue recently came up before the Apex Court wherein the Court settled the controversy as to whether concession made by any counsel would bind the litigating  party. The Apex Court  in the case of Kirti vs. Oriental Insurance Company […]

SC Upholds Centre’s Plan For Central Vista Project by 2:1 Majority

January 5, 2021 1911 Views 0 comment Print

Exercise of power by the Central Government under Section 11A(2) of the DDA Act, 1957 is just and proper and thus the modifications regarding change in land use of plot Nos. 2 to 8 in the Master Plan of Delhi, 2021/Zonal Development Plan for Zone-D and Zone-C vide impugned notification dated 20.3.2020 stands confirmed.

Acceptance of contract with variation or a condition is not a concluded contract

January 5, 2021 3837 Views 0 comment Print

When the acceptor puts in a new condition while accepting the contract already signed by proposer, the contract was not complete until the proposer accepted that condition. Thus, earnest deposit of assessee was liable to be refunded on concluded contract and there could be no question of any breach on the part of assessee or of damages or any risk purchase at the cost of assessee. 

Non Filing of Charge Sheet cannot be a ground for Cancellation of Bail

January 5, 2021 3771 Views 0 comment Print

On the ground that charge sheet was not filed within the prescribed period, an application for bail under Section 167(2) Cr.P.C. was filed by the appellant. The High Court ruled in his favour by holding that the appellant is entitled to bail under Section 167 as a complete charge sheet was not filed within the prescribed period. While granting bail, the High Court held that the appellant can be re-arrested after the charge sheet is filed.

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