The Supreme Court has reiterated an important principle concerning the validity of a registered sale deed and the consequences of non-payment of the balance sale consideration. In Raziya Begum & Ors. v. Nafisa Begum Abdul Hamid & Ors., a Division Bench …
The Supreme Court has expressed serious concern over the functioning of consumer dispute redressal commissions across India, particularly the growing pendency of cases and prolonged delays in hearings. The Court has directed the President of the National Consumer Disputes Redressal …
The Supreme Court of India has delivered an important ruling on limitation in commercial recovery disputes, holding that a winding-up petition does not automatically extend or preserve the limitation period for a subsequent civil suit for recovery of money. In Mageba Bridge …
The National Consumer Disputes Redressal Commission (NCDRC), New Delhi, has held Satguru Pratap Singh Apollo Hospitals, Ludhiana, along with Dr. M. Deepinder Singh and Dr. Gaurav Kuthiala, liable for deficiency in post-operative care after a patient developed permanent paralysis following treatment. The …
The Karnataka High Court has ruled that a change in the corporate name of a company does not create a new legal entity or extinguish its existing rights, liabilities and obligations. The Court held that a decree cannot be rendered …
The Kerala High Court has delivered an important judgment concerning FCRA registration, NGO funding, the right to peaceful protest and the requirement of reasoned administrative orders. The Court set aside orders rejecting the renewal applications of two NGOs after the Centre …
A Delhi consumer commission has held a restaurant guilty of unfair trade practice for allegedly compelling a customer to pay a service charge despite his objection. The commission ordered the restaurant to refund ₹949 collected as service charge with interest …
The District Consumer Disputes Redressal Commission, Gurugram, has directed a retailer to refund ₹30 charged for three carry bags and pay an additional ₹26,000 towards compensation and litigation expenses to a consumer. The Commission held that charging a customer separately for carry …
The Supreme Court has clarified that the power to condone delay under the Negotiable Instruments Act, 1881 (NI Act) cannot be used to rectify a fundamental or fatal defect in a cheque dishonour complaint. In an important ruling concerning prosecution …
The Delhi High Court has clarified that disputes arising directly from an employer-employee relationship, including claims relating to unpaid salary and increments, cannot be treated as “commercial disputes” under the Commercial Courts Act, 2015. However, the Court also made an important procedural …
The Supreme Court has brought an end to a long-running service dispute involving an Administrative-cum-Finance Officer of the Maulana Abul Kalam Azad Institute of Asian Studies (MAKAIAS) by facilitating an amicable settlement between the employee and the Institute. A Division Bench comprising Justice …
A District Consumer Disputes Redressal Commission in Raipur has held an airline responsible for deficiency in service and unfair trade practice after a passenger missed his flight because the airline failed to communicate the correct departure terminal. The Commission awarded the passenger ₹50,000 …
The Kerala High Court has declined to quash a cheque dishonour complaint merely because the authorised representative’s name was placed before the name of the complainant society in the cause title. The Court held that such an objection is essentially technical …
The Kerala High Court has clarified that a cheque does not become invalid merely because its signature, date, amount or other particulars have been written using different inks. The Court observed that there is no legal requirement under the Negotiable …
The Calcutta High Court has clarified that an independent Chartered Accountant (CA) who certifies a false statutory return or e-form cannot claim automatic immunity from criminal prosecution merely because the professional is not an executive officer of the company. However, the Court …
The Allahabad High Court, Lucknow Bench, has held that a real estate developer is liable to pay interest to a homebuyer for delayed possession at the same rate of interest that the developer could have charged the allottee for default …
In a significant ruling clarifying the scope of proceedings under the Negotiable Instruments Act, 1881, the Delhi High Court has held that the effect of admitted part payments made before the presentation of dishonoured cheques cannot be conclusively determined while deciding a revision …
The Supreme Court has once again reinforced the legal position governing cheque dishonour cases under the Negotiable Instruments Act, 1881, holding that a mere denial of liability by an accused is insufficient to rebut the statutory presumptions available in favour …
The National Consumer Disputes Redressal Commission (NCDRC) has once again clarified the law relating to the filing of written statements by opposite parties in consumer disputes. In a significant decision, the Commission held that while an opposite party must ordinarily …
The Himachal Pradesh High Court has delivered an important judgment reinforcing the rights of long-serving temporary employees. In a significant ruling, the Court held that a workman who had completed the prescribed eight years of continuous service was legally entitled …