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Supreme Court of India

Availability of alternate remedy is no bar in entertaining a complaint under Consumer Protection Act, 1986

November 15, 2020 9413 Views 0 comment Print

Imperia Structures Ltd. Vs Anil Patni and Another (Supreme Court) Section 79 of the RERA Act bars jurisdiction of a Civil Court to entertain any suit or proceeding in respect of any matter which the Authority or the adjudicating officer or the Appellate Tribunal is empowered under the RERA Act to determine. Section 88 specifies […]

Remedy u/s 14 of SARFAESI Act not rendered redundant if District Magistrate unable to handover possession

November 14, 2020 14340 Views 0 comment Print

C. Bright Vs District Collector & Ors. (Supreme Court) Whether the time limit of 30 days which is further extendable by a further period 30 days for a District Collector to secure the possession of a secured asset is mandatory or directory? The challenge in the present appeal is to an order passed by the […]

Retired employee can file his case at the place where he belongs or was getting pension

November 12, 2020 18522 Views 1 comment Print

Shanti Devi Alias Shanti Mishra Vs Union of India & Ors. (Supreme Court of India) A retired employee can prosecute his case at the place where he belonged to and was getting pension The deceased petitioner was continuously receiving pension for the last 08 years in his saving bank account in State Bank of India, […]

Order blacklisting beyond 3 years or maximum of 5 years was disproportionate

November 12, 2020 5112 Views 0 comment Print

Vetindia Pharmaceuticals Limited Vs State of Uttar Pradesh and Another (Supreme Court of India) An order of blacklisting operates to the prejudice of a commercial person not only in praesenti but also puts a taint which attaches far beyond and may well spell the death knell of the organisation/institution for all times to come described […]

Premature Disclosure of Pending tax Investigation to Media Not Justified in Law

November 8, 2020 639 Views 0 comment Print

The issue under consideration is whether the proceedings of enquiry/investigation undertaken at the airports without keeping it confidential and premature disclosure to the media (print/electronic) is justified in law?

Criminal trial verdict does not conclude disciplinary proceedings

November 6, 2020 1548 Views 0 comment Print

The State of Rajasthan & Ors. Vs Heem Singh (Supreme Court of India) In the present case, the respondent was acquitted of the charge of murder. The circumstances in which the trial led to an acquittal have been elucidated in detail above. The verdict of the criminal trial did not conclude the disciplinary enquiry. The […]

SC frames comprehensive guidelines to govern payment of maintenance in matrimonial cases

November 4, 2020 3624 Views 0 comment Print

Rajnesh Vs Neha & Anr. (Supreme Court) (i) The present Criminal Appeal arises out of an application for Interim Maintenance filed in a petition u/S. 125 Cr.P.C. by the Respondent-wife and minor son. The Respondent No.1-wife left the matrimonial home in January 2013, shortly after the birth of the son-Respondent No.2. On 02.09.2013, the wife […]

No Change in CA Exam Schedule- SC satisfied with ICAI clarification

November 4, 2020 4797 Views 0 comment Print

During the course of hearing, ICAI informed the Hon’ble Court that it had verified the position from the concerned examination centres and was informed by the said examination centres that they are not falling in any containment zones.

Daughter in law has right to stay in a suit property or not to be decided on basis of evidence

November 3, 2020 18612 Views 0 comment Print

Satish Chander Ahuja Vs Sneha Ahuja (Supreme Court) Conclusion: Suit filed in civil court for mandatory and permanent injunction was fully maintainable and the issues raised by assessee-father-in-law as well as by daughter-in-law claiming a right under Section 19 were to be addressed and decided on the basis of evidence, which was led by the […]

SC transfers to itself petitions challenging IBC provisions on personal guarantors

October 31, 2020 1278 Views 0 comment Print

IBBI Vs Lalit Kumar Jain & Ors. (Supreme Court) We are of the considered opinion that the Writ Petitions that are pending in the High Courts pertaining to the challenge to the Notification dated 15.11.2019 and related issues have to be transferred to this Court. Transfer of the Writ Petitions to this Court would avoid […]

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