Developer's Failure To Refund Amount After Cancelling Flat Allotment Is An Unfair Trade Practice; Kolkata Consumer Commission

The District Consumer Disputes Redressal Commission, Kolkata-I (North), comprising Kallol Chattopadhyay (President), Sahana Ahmed Basu (Presiding Member), and Rukhsana Samim (Member), has partly allowed a complaint against M/s Ideal Real Estate Private Limited and held that a real estate developer's failure to refund the amount deposited by homebuyers after cancelling their allotment constitutes an "unfair trade practice".BackgroundThe Homebuyers had executed an Agreement for Sale with the...

Madras High Court Acquits Wife & Chartered Accountant In BSNL Disproportionate Assets Case

The Madras High Court has acquitted the wife and Chartered Accountant of a deceased former BSNL official in a disproportionate assets case, holding that the prosecution failed to prove criminal conspiracy, forgery or abetment and had not properly considered the wife's independent income and Income Tax Returns while assessing the alleged disproportionate assets.The prosecution alleged that former BSNL official K. Raju had amassed assets disproportionate to his known sources of income to the tune...

Reserved Seat Cannot Be De-Reserved After Counselling Begins Merely Because No Eligible Reserved Candidate Is Available: Delhi High Court

The Delhi High Court has held that a reserved seat cannot be de-reserved after the counselling process has commenced merely because no eligible candidate from the reserved category is available. Justice Dinesh Mehta observed that permitting de-reservation after candidates have exercised their options based on the published seat matrix would prejudice more meritorious candidates and undermine the fairness and transparency of the admission process.Answering a reference arising out of a split...

MMDR Act Offence Cannot Be Taken Cognizance Of On Basis Of Police Final Report, Reiterates Madras High Court

The Madras High Court has reiterated that courts cannot take cognizance of an offence under the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act) on the basis of a police final report, holding that Section 22 of the Act requires a complaint by an authorised person before cognizance can be taken. Justice V. Lakshminarayanan consequently discharged the accused insofar as the offence under Section 21 of the MMDR Act was concerned, while permitting the prosecution for theft under...

NCSC Has Recommendatory, Not Adjudicatory Powers; Cannot Issue Binding Directions In Service Matters: Supreme Court

The Supreme Court has held that the National Commission for Scheduled Castes (NCSC) does not possess adjudicatory powers under Article 338 of the Constitution and cannot issue binding directions in service matters. A Bench of Justice Sanjay Karol and Justice Augustine George Masih observed that the Commission's role is recommendatory and advisory in nature, and not that of an adjudicatory body empowered to determine rights or grant enforceable relief.The Court was dealing with an appeal filed by...

Mere LOI, Section 79A Compliance & Draft Development Agreement Do Not Prima Facie Establish Concluded Redevelopment Contract: Bombay High Court

The Bombay High Court has held that the appointment of a developer, issuance of a Letter of Intent (LOI), completion of proceedings under Section 79A of the Maharashtra Co-operative Societies Act, exchange of draft Development Agreements and payment of substantial amounts do not, by themselves, prima facie establish a concluded and enforceable redevelopment contract. The Court observed that where the contractual documents contemplate approval by the General Body and execution of the Development...

Madras High Court Issues Guidelines On Video Conferencing In Criminal Trials; Permits Accused Residing Outside State/Country To Appear Remotely In Appropriate Cases

In a significant ruling on the use of technology in criminal proceedings, the Madras High Court has laid down broad guidelines governing the exercise of judicial discretion in permitting accused persons to participate in criminal proceedings through video conferencing. The Court held that, even in proceedings governed by the Code of Criminal Procedure, 1973, trial courts may permit virtual participation in appropriate cases by drawing guidance from the BNSS, the Madras High Court Video...

Arbitral Tribunal Terminates Proceedings After Holding Continuation 'Unnecessary And Impossible' Under Section 32(2)(c)

An Arbitral Tribunal comprising Justice V.K. Shali (Retd.), former Judge of the Delhi High Court, as Presiding Arbitrator, and B.R. Goel as Co-Arbitrator, has allowed an application filed by the respondent under Section 32(2)(c) of the Arbitration and Conciliation Act, 1996, holding that the continuation of the arbitral proceedings had, for all practical purposes, become "unnecessary and impossible." The Tribunal accordingly terminated the arbitration proceedings.The respondent had sought...

Delhi Commercial Court Restrains Counterfeiting Of HAVELLS Mark; Awards ₹26 Lakh Damages To Havells

The Commercial Court at Shahdara, Delhi, has decreed a trademark infringement suit filed by Havells India Ltd. against Vijay/baba packer, permanently restraining him from manufacturing, printing, marketing or dealing in counterfeit packaging material bearing the HAVELLS trademark and directing him to pay over ₹26 lakh towards damages, punitive damages and litigation costs.District Judge Sanjay Sharma-II held that the defendant had infringed Havells' registered trademark and copyright and passed...

Co-Accused Acquitted On Same Evidence: Madras High Court Discharges UK Resident In CBI Illegal Telephone Exchange Case

The Madras High Court has discharged a U K-based accused from a CBI prosecution relating to an alleged illegal telephone exchange, holding that the evidence against him was inseparable from that against the co-accused, who had already been acquitted in the main trial. The Court observed that compelling the petitioner to face trial on the very same evidence would amount to an abuse of the process of law.Justice M. Nirmal Kumar allowed the criminal revision petition filed by Shri Harsha Srinivas...

EPF First Charge Doesn't Extend To Separate Property Of Partner Unless It Forms Part Of Firm's Assets: Karnataka High Court

The Karnataka High Court has held that while provident fund dues enjoy statutory priority over secured creditors under Section 11(2) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, such first charge is confined to the assets of the establishment and cannot be extended to the separate property of a partner merely because it was mortgaged to secure the firm's loan. The Court clarified that although the Employees' Provident Fund Organisation (EPFO) may proceed against a...

Proposed Amendment To Contract Terms Doesn't Constitute Anticipatory Breach Unless There Is Refusal To Perform Entire Contract: Calcutta High Court

The Calcutta High Court has held that a proposal to modify certain terms of a contract does not amount to anticipatory breach unless it demonstrates a clear intention to refuse performance of the contract in its entirety.Justice Sugato Majumdar delivered the ruling while deciding two cross-suits arising out of a failed transaction concerning the transfer of control and management of M/s Bhoomi Minerals Ltd., a company owning a sponge iron manufacturing unit in Jharkhand.The dispute arose after...