Supreme Court of India Judgements

46670 Judgements hosted as on 9/12/2024 - Search (FREE), Subscribe, Read & Download

Category: Consumer

Consumer

Consumer Protection Act, 1986 – Section 24A – Insurance Act, 1938 – Section 64- UM(c) – Fire Insurance Claim – Surveyor report – HELD the reliance placed on the surveyor’s report by the NCDRC without giving credence to the investigation report in the facts and circumstances of the instant case cannot be faulted – Accordingly, the amount as ordered by the NCDRC shall be payable with interest at 9% per annum instead of 12% per annum – Appeal allowed in part.

Aug 28, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NATIONAL INSURANCE COMPANY LTD. — Appellant Vs. M/S. HARESHWAR ENTERPRISES (P) LTD. AND OTHERS — Respondent ( Before : Hemant Gupta and A.S. Bopanna,…

Consumer

Consumer Protection Act, 1986 – Section 2(d) – Subsequent Purchaser of Flat – Relief of interest on refund HELD The equities, in the opinion of this court, can properly be moulded by directing refund of the principal amounts, with interest @ 9% per annum from the date the builder acquired knowledge of the transfer, or acknowledged it.

Aug 8, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH M/S LAUREATE BUILDWELL PRIVATE LIMITED — Appellant Vs. CHARANJEET SINGH — Respondent ( Before : Uday Umesh Lalit, Hemant Gupta and S. Ravindra Bhat,…

Consumer

Consumer Protection Act, 2019 – Pecuniary jurisdiction – Proceedings instituted before the commencement of the Act of 2019 on 20 July 2020 would continue before the fora corresponding to those under the Act of 1986 (the National Commission, State Commissions and District Commissions) and not be transferred in terms of the pecuniary jurisdiction set for the fora established under the Act of 2019.

Mar 21, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NEENA ANEJA AND ANOTHER — Appellant Vs. JAI PRAKASH ASSOCIATES LIMITED — Respondent ( Before : Dr. Dhananjaya Y Chandrachud and M.R. Shah, JJ.…

Consumer

Housing – Allotment of plot – Non-Participation of Allotment Process – Availability of the plot does not give any entitlement to a person who has no right to claim allotment – Any allotment has to be made in accordance with the procedure prescribed and the Rules of the Parishad

Feb 14, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH U.P. HOUSING AND DEVELOPMENT BOARD AND ANOTHER — Appellant Vs. NAMIT SHARMA — Respondent ( Before : Ashok Bhushan and R. Subhash Reddy, JJ.…

Consumer

Apartment Buyer’s Agreement – Unfair trade practice – Incorporation of such one-sided and unreasonable clauses in the Apartment Buyer’s Agreement constitutes an unfair trade practice under Section 2(1) (r) of the C P A. HELD intent is clear that a choice or discretion is given to the allottee whether he wishes to initiate appropriate proceedings under the CP Act or file an application under the RERA Act.

Jan 17, 2021 sclaw

1/37 SUPREME COURT OF INDIA FULL BENCH IREO GRACE REALTECH PVT. LTD — Appellant Vs. ABHISHEK KHANNA AND OTHERS — Respondent ( Before : Dr Dhananjaya Y Chandrachud, Indu Malhotra…

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Constitution Service

Classification of Military casualties and the eligibility for Liberalised Family Pension — Battle Casualty —Illness Caused by Extreme Climatic Conditions as Battle Casualty — The Court establishes that a soldier’s death due to illness resulting from extreme climatic conditions while on duty near a sensitive border area (such as the Line of Control) can be categorized as a ‘Battle Casualty’ — This expands the interpretation of what constitutes a battle casualty under military regulations. – Liberalised Family Pension (LFP) — Application of Category E (f) — The judgment clarifies that deaths occurring in war-like situations, including those near international borders or lines of control due to environmental stresses, fall under clause (f) of category E of the relevant military order — This broadens the scope of eligibility for LFP under such circumstances.

Dec 8, 2024 sclaw
Constitution

Temple Bye Laws — Oachira Parabrahma Temple — Ancient structure without a building or deity, governed by Bye-laws with three-tier elected committees — Appellants, elected Secretary and President, challenged two High Court orders (2020 and 2023) that removed their committee and appointed an unelected one under an Administrative Head, citing violations of the temple’s Bye-laws and customs —Legality of appointing an unelected committee and removing the elected one contrary to the temple’s Bye-laws — Petitioner argues that the High Court overstepped its jurisdiction and violated the temple’s governance structure by appointing an unelected committee and removing the elected one without proper legal basis — The High Court’s actions were necessary for the efficient administration of the temple until a scheme could be framed and new elections held — The Supreme Court modified the High Court orders, appointing a new retired Judge as Administrative Head to conduct fair elections within four months, while directing all parties to cooperate — The Court emphasized the need to preserve temple properties and governance as per established customs and laws — The Supreme Court struck down the High Court’s order appointing an unelected committee, appointed a new Administrative Head to conduct elections, and directed all parties to cooperate, emphasizing the importance of adhering to the temple’s established governance structure and Bye-laws.

Dec 8, 2024 sclaw
Acquittal

Evidence Act, 1872 — Section 27 — Penal Code, 1860 (IPC) — Sections 384, 364, 302 and 201 — Murder — Circumstantial Evidence — The Supreme Court acquitted the appellant of murder charges as the prosecution failed to prove the crucial link of the accused’s disclosure leading to the discovery of skeletal remains under Section 27 and the DNA evidence was also found to be inconclusive due to lack of proper collection of samples. – Proof of Disclosure Statements under Section 27 — Voluntariness and Uninfluenced Nature — The Court reiterates that the information provided by an accused under Section 27 must be voluntary and uninfluenced by threat, duress, or coercion.

Dec 8, 2024 sclaw
Acquittal

Arms Act, 1959 — Sections 25, 54 and 59 — Buttondar knife — Specific Intent Required — The court clarifies that mere possession of a knife covered by a notification like the DAD Notification is not sufficient to constitute an offense under the Arms Act — There must be specific intent to use it for the prohibited purposes such as “manufacture, sale, or possession for sale or test.” – The prosecution must clearly allege and prove the intent of the accused to use the weapon for the specified prohibited purposes — Absence of such allegation in the charge-sheet renders the proceedings defective.

Dec 8, 2024 sclaw