(1)
UPENDRA CHOUDHURY .....Appellant Vs.
BULANDSHAHAR DEVELOPMENT AUTHORITY AND OTHERS .....Respondent D.D
11/02/2021
Writ Petition – Jurisdiction – Real Estate – Appellant seeks writs under Article 32 for various reliefs including cancellation of agreements, refunds, or completion of construction – Supreme Court holds it inappropriate to entertain such petitions under Article 32 due to existence of specific statutory provisions and remedies under the Consumer Protection Act, RERA, and IBC...
(2)
CHINTELS INDIA LIMITED .....Appellant Vs.
BHAYANA BUILDERS PRIVATE LIMITED .....Respondent D.D
11/02/2021
Arbitration – Appealability of Refusal to Condon Delay – Question of law whether a single Judge's order refusing to condone delay in filing an application under Section 34 of the Arbitration Act, 1996 is appealable under Section 37(1)(c) – Supreme Court holds that an appeal under Section 37(1)(c) is maintainable against an order refusing to condone delay in filing an applicat...
(3)
PRAVAT CHANDRA MOHANTY .....Appellant Vs.
THE STATE OF ODISHA AND ANOTHER .....Respondent D.D
11/02/2021
Criminal Law – Custodial Death – Appellants, police officers, convicted for beating the deceased in police custody leading to death – High Court upheld convictions under Sections 324/34 IPC and 471/34 IPC – Appeal challenges conviction and seeks compounding of offences – Supreme Court rejects compounding, emphasizing severity of custodial violence and need for stringe...
(4)
M/S DADDY'S BUILDERS PRIVATE LIMITED AND ANOTHER .....Appellant Vs.
MANISHA BHARGAVA AND ANOTHER .....Respondent D.D
11/02/2021
Consumer Protection – Delay in Filing Written Statement – Appellants challenged the rejection of their application for condonation of delay in filing the written statement to a consumer complaint – Written statement required within 30 days, extendable by a further 15 days under Section 13 of the Act – District Forum has no power to extend beyond this period – Appeal d...
(5)
NAWAL KISHORE SHARMA .....Appellant Vs.
UNION OF INDIA AND OTHERS .....Respondent D.D
10/02/2021
Disability Compensation – Heart Ailment – Seaman's claim for disability compensation due to Dilated Cardiomyopathy under the National Maritime Board Agreement – Supreme Court held heart ailment not covered as "injury" under Clause 5.9.F(ii) of the Agreement – Appellant's condition does not fall within the ambit of specified disabilities under either the 19...
(6)
M/S. KALAMANI TEX AND ANOTHER .....Appellant Vs.
P. BALASUBRAMANIAN .....Respondent D.D
10/02/2021
Negotiable Instruments – Dishonour of Cheque – Presumption – High Court reversed acquittal by trial court – Supreme Court held once signatures on the cheque are established, statutory presumption under Sections 118 and 139 NI Act applies – Trial court erred in questioning complainant's evidence on source of funds – Presumption of debt shifts burden to accuse...
(7)
THE CONSERVATOR AND CUSTODIAN OF FOREST AND OTHERS .....Appellant Vs.
SOBHA JOHN KOSHY AND ANOTHER .....Respondent D.D
10/02/2021
Forest Law – Compensation for Dispossession – Appellants challenged the High Court's direction to pay compensation to respondents for land declared non-vested under the 1971 Act but later as ecologically fragile under the 2003 Act – Supreme Court held respondents entitled to compensation for loss of enjoyment and benefits of the land prior to 2003 enactment – Directed p...
(8)
SWATI ULHAS KERKAR AND OTHERS .....Appellant Vs.
SANJAY WALAVALKAR AND OTHERS .....Respondent D.D
10/02/2021
Societies – Membership Invalidation – Appellants' membership invalidated by the Registrar as the Managing Committee was facing a no-confidence motion – High Court upheld the Registrar's decision – Supreme Court held appellants had a right to be considered for membership – Matter remitted to newly elected Managing Committee for reconsideration of membership app...
(9)
RAMESH KYMAL .....Appellant Vs.
M/S SIEMENS GAMESA RENEWABLE POWER PRIVATE LIMITED .....Respondent D.D
09/02/2021
Insolvency – CIRP Suspension – Applicability of Section 10A – Appeal against NCLAT ruling that Section 10A bars applications filed for defaults occurring on or after March 25, 2020 – Supreme Court held Section 10A applies retrospectively to defaults occurring on or after March 25, 2020, regardless of when the application was filed – Purpose of Section 10A is to preven...