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...
Service Tax - Works Contract Service - Valuation - Option to pay service tax at reduced rate - Whether the assessee providing works contract service is entitled to take the total contract value, including goods and services, for remittance of service tax and claim CENVAT credit on the entire amount - Determination of value under Rule 2A of the Service Tax (Determination of Value) Rules, 2006 and t...
Civil Appeal - Municipal Corporation - Power and authority of Commissioner to impose major penalty - Validity of dismissal order - Lapses and negligence on part of officers - Delegation of power - Ratification of decision - Whether Commissioner had power to take action with respect to lapses other than purchases - Whether dismissal order passed by Commissioner was void ab initio - Whether subseque...
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...
SARFAESI Act, 2002 - Section 13(8) - Challenge to e-auction notice - Availability of alternative statutory remedy - Writ petition under Article 226 of the Constitution of India - Maintainability - Whether Section 13(8) of the SARFAESI Act shall be applicable in favour of an agreement to sale holder or only in case of the borrower who is ready and willing to pay the entire debt - Applicability of S...
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...