Supreme Court of India Judgements

Amendment of Complaint—State Consumer Commission cannot decline application for amendment of complaint to reduce claim.

Aug 15, 2017 sclaw

2017(1) Law Herald (SC) 382 (NCDRC) : 2017 LawHerald.Org 600 IN THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION Before The Hon’ble Mr. Presiding Member K,S. Chaudhari Revision Petition No, 465 of…

Consumer

Consumer–Interest–Housing–As per clause in allotment letter complainant agreed to refund of amount with 24% interest if required approvals are not got sanction within 12 months-Exorbitant rate of interest in allotment letter, is a strong indicator that the complainant in fact was an investor or financier in the project

Aug 14, 2017 sclaw

2017(1) Law Herald (SC) 379 (NCDRC) : 2017 LawHerald.Org 596 IN THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION Before The Hon’ble Mr. Presiding Member V.K. Jain Consumer Case No. 43 of…

C P C

Auction Sale—To be set aside only where the material irregularity or fraud, has resulted in causing substantial injury to the judgment-debtor in conducting the sale.

Aug 14, 2017 sclaw

2017(2) Law Herald (P&H) 1572 (SC) : 2017 LawHerald.Org 925 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.K. Agrawal The Hon’ble Mr. Justice Abhay Manohar Sapre…

C P C

Execution of Decree-Limitation-Execution of preliminary decree for Partition-Till partition is carried out and final decree is passed, there is no question of any limitation

Aug 13, 2017 sclaw

2017(2) Law Herald (P&H) 1569 (SC) : 2017 LawHerald.Org 915 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arun Mishra The Hon’ble Mr. Justice Amitava Roy Civil…

C P C

Abetment of Suit—Decree passed by a court for or against dead person is “nullity”.

Aug 13, 2017 sclaw

2017(2) Law Herald (P&H) 1565 (SC) : 2017 LawHerald.Org 910 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.K. Agrawal The Hon’ble Mr. Justice Abhay Manohar Sapre…

Rent

Eviction— Provisional Rent—To challenge the period of arrears of provisional rent assessed even in the appeal against the order of eviction the order of deposit of provisional rent as assessed by rent controller must have been complied with.

Aug 13, 2017 sclaw

2017(2) Law Herald (P&H) 1553 (SC) : 2017 LawHerald.Org 1053 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Jagdish Singh Khehar The Hon’ble Mr. Justice Dr. D.Y.…

C P C

Execution of Decree—Money Decree passed against husband and firm whose proprietress was his wife—Husband had represented himself to be authorized to act on behalf of firm of his wife—Decree held to be executable.

Aug 12, 2017 sclaw

2017(2) Law Herald (SC) 1326 : 2017 LawHerald.Org 919 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arun Mishra The Hon’ble Mr. Justice Amitava Roy Civil Appeal…

Rent

Landlord and Tenant—Estoppel—That tenant during the continuance of the tenancy is debarred on the doctrine of estoppel from denying the title of his landlord through whom he claims tenancy. Eviction—Sub-letting—Original tenant had constructed his own house elsewhere he has been residing with his wife, the accommodation of his nephew in the suit premises did amount to sub-letting,

Aug 12, 2017 sclaw

2017(2) Law Herald (SC) 1318 : 2017 LawHerald.Org 906 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arun Mishra The Hon’ble Mr. Justice Amitava Roy Civil Appeal…

Consumer

Medical Negligence-Plastic Surgery-Failure to get the biopsy done indicates that doctors did not exercise reasonable degree of skill and knowledge which was expected in such cases-Compensation of Rs. 10 lakh awarded.

Aug 11, 2017 sclaw

2017(1) Law Herald (SC) 570 (NCDRC) : 2017 LawHerald.Org 679 IN THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION Before The Hon’ble Mr. Presiding Member Dr. B.C. Gupta First Appeal No. 737…

Consumer

Consumer—Courier Service—No proof of delivery of goods is available— Therefore, a case of continuing cause of action.

Aug 11, 2017 sclaw

2017(1) Law Herald (SC) 565 (NCDRC) : 2017 LawHerald.Org 678 IN THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION Before The Hon’ble Mr. Presiding Member Dr. B.C. Gupta The Hon’ble Mr. Member…

Supreme Court of India Judgements

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Under Rule 17, CCS (Pension) Rules, 1972, prior contractual service counts towards pension upon subsequent regularisation, subject to the employee opting to refund/forgo specified monetary benefits.

Service of an IBC Section 8 demand notice upon Key Managerial Personnel at the Corporate Debtor’s registered office constitutes valid service on the company, emphasizing substance over technical form.

Under Rule 17, CCS (Pension) Rules, 1972, prior contractual service counts towards pension upon subsequent regularisation, subject to the employee opting to refund/forgo specified monetary benefits.

Service of an IBC Section 8 demand notice upon Key Managerial Personnel at the Corporate Debtor’s registered office constitutes valid service on the company, emphasizing substance over technical form.

High Court’s inherent power to quash criminal proceedings precludes conducting a ‘mini trial’ by assessing evidence credibility; consistency requires acknowledging coordinate bench decisions involving co-accused.

Quashing FIR under 482 CrPC impermissible when complaint prima facie discloses cognizable offences; allegations accepted true, investigation not thwarted based on delay, civil suit, or witness status if complicity alleged.

Appointment secured on merit cannot be invalidated for an unintentional category error in a qualifying certificate if no undue advantage accrued therefrom.

Under Rule 17, CCS (Pension) Rules, 1972, prior contractual service counts towards pension upon subsequent regularisation, subject to the employee opting to refund/forgo specified monetary benefits.

Service of an IBC Section 8 demand notice upon Key Managerial Personnel at the Corporate Debtor’s registered office constitutes valid service on the company, emphasizing substance over technical form.

High Court’s inherent power to quash criminal proceedings precludes conducting a ‘mini trial’ by assessing evidence credibility; consistency requires acknowledging coordinate bench decisions involving co-accused.

Quashing FIR under 482 CrPC impermissible when complaint prima facie discloses cognizable offences; allegations accepted true, investigation not thwarted based on delay, civil suit, or witness status if complicity alleged.

Consumer Protection Act, 1986 – Section 2(d)(ii) – Deficiency in service – Any loss arising out of inaction and negligence on the part of the Bank, such deficiency is compensable under the provisions of the Consumer Protection Act, 1986

Under Rule 17, CCS (Pension) Rules, 1972, prior contractual service counts towards pension upon subsequent regularisation, subject to the employee opting to refund/forgo specified monetary benefits.

Service of an IBC Section 8 demand notice upon Key Managerial Personnel at the Corporate Debtor’s registered office constitutes valid service on the company, emphasizing substance over technical form.

High Court’s inherent power to quash criminal proceedings precludes conducting a ‘mini trial’ by assessing evidence credibility; consistency requires acknowledging coordinate bench decisions involving co-accused.

Quashing FIR under 482 CrPC impermissible when complaint prima facie discloses cognizable offences; allegations accepted true, investigation not thwarted based on delay, civil suit, or witness status if complicity alleged.

Amendment of Complaint—State Consumer Commission cannot decline application for amendment of complaint to reduce claim.

Auction Sale—To be set aside only where the material irregularity or fraud, has resulted in causing substantial injury to the judgment-debtor in conducting the sale.

Execution of Decree-Limitation-Execution of preliminary decree for Partition-Till partition is carried out and final decree is passed, there is no question of any limitation

Abetment of Suit—Decree passed by a court for or against dead person is “nullity”.

Eviction— Provisional Rent—To challenge the period of arrears of provisional rent assessed even in the appeal against the order of eviction the order of deposit of provisional rent as assessed by rent controller must have been complied with.

Execution of Decree—Money Decree passed against husband and firm whose proprietress was his wife—Husband had represented himself to be authorized to act on behalf of firm of his wife—Decree held to be executable.

Medical Negligence-Plastic Surgery-Failure to get the biopsy done indicates that doctors did not exercise reasonable degree of skill and knowledge which was expected in such cases-Compensation of Rs. 10 lakh awarded.

Consumer—Courier Service—No proof of delivery of goods is available— Therefore, a case of continuing cause of action.

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Under Rule 17, CCS (Pension) Rules, 1972, prior contractual service counts towards pension upon subsequent regularisation, subject to the employee opting to refund/forgo specified monetary benefits.

Service of an IBC Section 8 demand notice upon Key Managerial Personnel at the Corporate Debtor’s registered office constitutes valid service on the company, emphasizing substance over technical form.

High Court’s inherent power to quash criminal proceedings precludes conducting a ‘mini trial’ by assessing evidence credibility; consistency requires acknowledging coordinate bench decisions involving co-accused.

Quashing FIR under 482 CrPC impermissible when complaint prima facie discloses cognizable offences; allegations accepted true, investigation not thwarted based on delay, civil suit, or witness status if complicity alleged.

Supreme Court of India Judgements