Consumer Protection Act, 1986 – Section 2(1)(d), 2(1)(e), 2(1)(f), 2(1)(g) and 2(1)(o) – Validity of imposition of “composition fee” and “extension fee” – This Court hold that the determination of the dispute concerning the validity of the imposition of a statutory due arising out of a “deficiency in service”, can be undertaken by the consumer fora as per the provisions of the Act – HUDA vs. Sunita, (2005) 2 SCC 479, overruled.
SUPREME COURT OF INDIA FULL BENCH PUNJAB URBAN PLANNING AND DEVELOPMENT AUTHORITY (NOW GLADA) — Appellant Vs. VIDYA CHETAL AND RAM SINGH — Respondent ( Before : N.V. Ramana, Mohan…
Ancestral Property—Karta of HUF executed sale deed of Co-parcenary Property in favour his second wife without any sale consideration—Such sale of HUF property was not for legal necessity or benefit to the estate-Sale deed executed by karta and further sale by his second wife to subsequent purchasers held to be null and void
2019(3) Law Herald (SC) 2054 : 2019 LawHerald.Org 1257 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Uday Umesh Lalit Hon’ble Mrs. Justice Indu Malhotra Civil Appeal No.…
Appeal against Acquittal—Leave to Appeal—Appeal filed by victim not to be dismissed at threshold only because no leave has been granted to the State to appeal against the order of acquittal
2019(3) Law Herald (SC) 2052 : 2019 LawHerald.Org 1256 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Sanjay Kishan Kaul Hon’ble Mr. Justice K.M. Joseph Criminal Appeal No.…
Execution of Decree—Consent Order—Order passed on basis of compromise between the parties itself does not amount to a decree—It is necessary for the Court to pass a decree
2019(3) Law Herald (SC) 2041 : 2019 LawHerald.Org 1255 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Dinesh Maheshwari Civil Appeal No.…
Summary Suit—Leave to Defend—Mere fact that there may have been commercial relationship between the parties could not per se be the justification for grant of conditional leave without proper consideration of the defence from the materials on record
2019(3) Law Herald (SC) 2036 : 2019 LawHerald.Org 1254 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Ashok Bhushan Hon’ble Mr. Justice Navin Sinha Civil Appeal No(s). 5528…
Mortgage by Conditional Sale—Any recital relating to mortgage or the transaction being in the nature of a conditional sale should be an intrinsic part of the very sale deed which will be the subject matter
2019(3) Law Herald (SC) 2031 : 2019 LawHerald.Org 1253 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mr. Justice A.S. Bopanna Civil Appeal No. 3506…
Culpable Homicide—Reduction in Sentence—Without any pre-meditation, incident took place between two groups of young boys—Keeping in view the nature of crime, the tender age of the appellant at the time of offence, sentence reduced to already undergone
2019(3) Law Herald (SC) 2022 : 2019 LawHerald.Org 1252 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice A.M. Khanwilkar Honble Mr. Justice Ajay Rastogi Criminal Appeal No(s). 1890…
Criminal Appeal—Absence of Accused—When the accused was neither present nor represented through counsel. High Court without appointing an amicus curiae to defend the accused, ought not to have decided the criminal appeal on merits; more so, when the appellant-accused had the benefit of the acquittal
2019(3) Law Herald (SC) 2019 : 2019 LawHerald.Org 1251 IN THE SUPREME COURT OF INDIA Before Honble Mrs. Justice R. Banumathi Hon’ble Mr. Justice A.S. Bopanna Criminal Appeal Nos. 986-987…
Rejection of Plaint—Plaint can either be rejected as a whole or not at all
2019(3) Law Herald (SC) 2012 : 2019 LawHerald.Org 1250 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice Ajay Rastogi Civil Appeal No. 5126…
Electronic Evidence—Certificate of Authenticity—Whether requirement of certificate is mandatory—Matter referred to larger bench
2019(3) Law Herald (SC) 2009 : 2019 LawHerald.Org 1249 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Ashok Bhushan Hon’ble Mr. Justice Navin Sinha Civil Appeal No(s). 20825-20826…