Right of Redemption – Interpretation under SARFAESI Act – Petitioners contended the right of redemption continues till the sale certificate is issued and conveyed. The court held that the amendment to Section 13(8) of the SARFAESI Act does not extinguish the mortgagor's right of redemption until the sale certificate is executed. The court emphasized the continuous applicability of ...
Consumer Protection – Deficiency in Service – Mediclaim policy – Insurer failed to disclose changes in policy conditions at the time of renewal – Duty to inform policyholders about limitations being imposed in the renewed policy – Failure resulted in deficiency of service – NCDRC's order set aside; District Forum's order restored [Paras 1-12, 16-17, 23-2...
Environmental Law – Ex Post Facto Environmental Clearance – Central Government's power to grant ex post facto EC under Section 3 of the Environment (Protection) Act, 1986 – Generally disfavored but permissible in specific circumstances with strict compliance to environmental norms – High Court's decision vacating interim orders allowing operation set aside – E...
Service Tax – Banking and Financial Services – Interchange Fee – Whether the interchange fee received by the issuing bank (Citi Bank) from the acquiring bank in credit card transactions is subject to service tax – Tribunal relied on the decision in M/s ABN Amro Bank NV v. Commissioner of Central Excise, Customs and Service Tax, Noida, holding interchange fee not liable to s...
Consumer Protection – Amendment of Complaint – Insurer's repudiation of claim after complaint filed – Whether appellant can be compelled to amend complaint to challenge repudiation – Appellant contends relief sought includes payment of due amount, making amendment unnecessary – NCDRC erred in directing amendment and allowing written statement – Appellant sho...
Civil Procedure – Res Judicata – Previous proceedings had concluded on the issue of title against the respondent (KIC) – Trial court rightly rejected subsequent suit on the same issue – High Court erred in setting aside the trial court's rejection of plaint – Appeal allowed [Paras 16-21].
Civil Procedure – Order 2 Rule 2 CPC – Respondent's omiss...
Employment Law – Misconduct and Reinstatement – Conductor failed to issue tickets to 17 passengers – Tribunal and High Court directed reinstatement with 50% back wages – Supreme Court found that the representative of the employer was not cross-examined on key points – Evidence of misconduct was not disputed – Orders of Tribunal and High Court set aside – A...
Motor Accident – Compensation Reduction – Deceased aged 33 years at the time of death – High Court reduced compensation from Rs. 22,60,000 to Rs. 17,00,000 without assigning reasons – Supreme Court recalculated compensation considering loss of future prospects, spousal consortium, and conventional expenses – Total compensation determined as Rs. 31,01,000 [Paras 1-16]....
Seniority – Challenge to Seniority Lists – Junior Engineers from different streams (Agriculture, Mechanical, Civil) – Seniority list prepared based on dates of receiving select lists – Appellants argued combined merit list should have been prepared – Seniority list prepared contrary to Rules 1991 – Delay in challenge not unreasonable – Division Bench of Hi...
Public Service – Reporting of Vacancies – Candidates included in ranked list – No right to claim all vacancies must be reported – Candidates have right against reported vacancies only – State must provide explanation if vacancies not reported – Arbitrary non-reporting can be challenged – KAT misdirected inquiry into vacancies arising from promotions &ndash...