Consumer Law – Unfair Trade Practices – The Supreme Court examined whether the terms of the Apartment Buyer's Agreement, particularly those concerning penalties for delay and obligations of the buyers, constituted unfair trade practices under Section 2(1)(r) of the Consumer Protection Act, 1986. The Court found that the agreement was heavily one-sided, in favor of the developer, an...
Arbitration Law – Enforceability of Arbitration Agreement in Unstamped Contracts – The Supreme Court examined whether an arbitration agreement within an unstamped commercial contract is valid and enforceable. The Court held that the arbitration agreement is an independent agreement, not chargeable to stamp duty, and thus, the non-payment of stamp duty on the commercial contract does no...
Recruitment – Equivalence of Degrees – Armed Services – Petitioner's degree in 'Electronic Communication System Engineering' not accepted as equivalent to 'Electronics and Communication Engineering' for Commissioned Officer recruitment – Court directed respondents to take a specific decision on the equivalence of the degrees – AICTE's recogniti...
Arbitration Law – Jurisdiction and Framework – The Supreme Court discussed the jurisdiction of arbitrators and the procedural framework under the Arbitration and Conciliation Act, 1996. The Court held that the Act itself provides comprehensive procedures for challenging the appointment of arbitrators and that parties must adhere to these statutory provisions without resorting to extras...
Banking Conduct – Misappropriation and Integrity – The Supreme Court discussed the necessity for bank employees to exhibit absolute devotion, integrity, and honesty, especially given their responsibility for handling depositors' and customers' money. The Court highlighted that failure to observe these standards impairs public confidence in the banking system. The Supreme Court ...
Contract Law – Concluded Contract – The Supreme Court analyzed whether the acceptance of a conditional offer with a further condition results in a concluded contract. The Court held that acceptance must be absolute and unqualified to form a concluded contract. The acceptance of a conditional offer with an additional condition does not constitute a concluded contract unless the original...
Motor Accident – Compensation – Future Prospects – The Supreme Court held that future prospects could be granted even in cases pertaining to notional income. Once the victim is proven to be employed, the necessary corollary is that they would be earning an income, and future prospects must be considered to provide just compensation, taking into account inflation and the quest for...
Service Law – Appointment of Warden – The Supreme Court held that the Governing Body of the College is the authority to appoint the Warden of the College Hostel. The Court emphasized that the Principal, being the Executive head of the College, is in a position to know the members of the staff. Thus, applications for the Warden's post should be invited through the Principal, who wil...
Scheduled Caste Certificate – Cancellation – Inquiries and Judicial Review – Petitioners' Scheduled Caste certificates cancelled after two-level inquiry as per Supreme Court guidelines in Kumari Madhuri Patil case – Vigilance Cell and Scrutiny Committee found petitioners did not belong to Scheduled Caste – Petitioners challenged cancellation claiming lack of oppor...
Arbitration Proceedings – Termination – Judicial Superintendence – Petition challenged the continuation of arbitration proceedings that extended over nine years without the parties' written consent – High Court held that the arbitrator's mandate had expired, and further proceedings without written consent were unauthorized – High Court can exercise judicial su...