Consumer Protection – Motor Vehicle Defect – Amicable Settlement – Appellant, a car manufacturer, challenges the order of the National Consumer Disputes Redressal Commission upholding the State Commission’s decision – First respondent, a consumer, purchased a vehicle from the appellant’s authorized dealer and filed a complaint regarding various defects, includin...
I. Whether the relief granted in the Banwasi Sewa Ashram judgment is only applicable to SC/ST/other backward communities?
Para 16-24: The Banwasi Sewa Ashram judgment confers a right to be heard by a competent authority to all claimants, irrespective of their community. The right to possess the land should be enjoyed by those with a legitimate claim. Interpretation of the judgment in a narrow m...
Motor Accident Compensation - Appeal against quantum of compensation - Appellant injured claimant assails the judgment of the High Court awarding additional compensation over and above the amount awarded by the Motor Accident Claims Tribunal - Arguments raised regarding loss of income, uncertainties of life, deduction towards personal expenses, multiplier, attendant expenses, future medical expens...
Labour Law - Termination of employment - Back wages - Burden of proof - Appellant, a conductor employed by respondent, was removed from service after an inquiry found him guilty of misconduct - Labour Court ordered reinstatement but denied back wages - Appellant filed writ petition seeking back wages, which was dismissed by the High Court - Appellant appealed to the Supreme Court - Burden of proof...
Special Leave Petition (Civil) – Maintainability – Appeal against order passed in review – Whether a Special Leave Petition (Civil) can be filed against an order passed in review – Provisions of Order XLVII Rule 7 of the Civil Procedure Code – Bar on filing Special Leave Petition against order passed in review – Lack of specific permission to file subsequent Spe...
Classification and taxation of maize starch under the Tamil Nadu General Sales Tax Act - Appellant dealt in maize starch and claimed exemption based on an Exemption Notification - The Act was amended, and maize starch was moved to a different entry subject to a 4% tax rate - Commissioner issued a clarification stating maize starch was taxable - Appellant challenged the clarification and tax assess...
Section 11A of the Central Excise Act, 1944 – Limitation – Invocation of extended period of limitation – Suppression of facts – Bonafide belief – Interpretation of law – Held, the extended period of limitation can be invoked only in cases of deliberate non-disclosure aimed at evading duty – The assessee’s belief based on a view taken by the Tribunal ...
Headnote:
Land Acquisition Act, 1894 - Appeal - Cross Objections - Consideration of - Appellants challenging compensation granted for acquisition of their lands by Greater Noida Industrial Development Authority - High Court confirming compensation determined by District Judge - Appellants contending that their cross objections were not considered by High Court - Supreme Court held that cross ob...
Conditional Sale Deed - Assignment of right to repurchase - Personal or assignable nature - Interpretation of document - Whether the right to repurchase contained in a sale deed can be assigned by the vendor or if it is personal and cannot be transferred - Consideration of relevant clauses in the sale deed - Applicability of previous judicial decisions - Held, the right to repurchase is not person...
Insurance Law - Health insurance policy - Renewal - Reimbursement of medical expenses - Non-disclosure of pre-existing condition - Claim for reimbursement of medical expenses incurred by the appellant for his wife's ovarian cancer treatment - Insurance company repudiated the claim on the grounds of non-disclosure of pre-existing rheumatic heart disease - District Forum directed reimbursement a...