Property Matters Flat-owners had the benefit of staying in the flats for a period of 8-9 years on an average HELD Flat-owners are not entitled for any interest on the amounts paid by them to the builders. May 16, 2022 sclaw
SARFAESI A number of proceedings were initiated by respondent which he has delayed the proceedings initiated by the bank under the SARFAESI Act, and has stalled the recovery proceedings – Division Bench was not justified in initially granting an order of stay. May 16, 2022 sclaw
Consumer Writ petition against order passed by NCDRC – Maintainability – Writ petition under Article 227 of the Constitution of India against the order passed by the National Commission which has been passed in an appeal under Section 58(1)(a) (iii) of the 2019 Act is maintainable May 16, 2022 sclaw
Dowry Death In some circumstances, evidence of a deceased wife with respect to cruelty could be admissible in a trial for a charge under Section 498A of the IPC under Section 32(1) of the Evidence Act May 16, 2022 sclaw
Cr P C Pre-mature release policy applicable in state where the crime was committed and not the State where the trial stands transferred. May 16, 2022 sclaw
Electricity Act Electricity Act, 2003 – Sections 2, 2(8), 9 and 24(2) – A combined reading of Section 9 and Clause (8) of Section 2 of the said Act would reveal that a person is entitled to construct, maintain or operate a captive generating plant – Such a plant should be primarily for his own use May 16, 2022 sclaw
Property Matters HELD Since the appellant has deposited a total sum of Rs.3,84,546/ (including interest) against the total value/cost of Rs.2,70,000/.the plot being still vacant and not allotted to any other person, the order of cancellation may be set aside. May 16, 2022 sclaw
Domestic Violence If an aggrieved person is not in a domestic relationship with the respondent – but has at any point of time lived so or had the right to live and has been subjected to domestic violence or is later subjected to domestic violence on account of the domestic relationship, is entitled to file an application under Section 12 of the D.V. Act. May 16, 2022 sclaw
Corporate Depositories Act, 1996 – As per the 1996 Regulations, the pledgor/pawnor is not entitled to sell the pledged/pawned securities – the pawnor under the Contract Act and the common law has the right to redeem the pledged goods till ‘actual sale’ – Sale by the pawnee to self does not defeat the right of redemption of the pawnor – It may amount to conversion in law May 16, 2022 sclaw
Service HELD according to the said University, though the employment was contractual but the employee was entitled to get all the benefits of a regular employee – Appellant’s services could not have been terminated without following the principles of natural justice – Appellant is directed to be reinstated with continuity in service May 15, 2022 sclaw
