NCDRC Directs The Builder To Refund The Deposited Amount Along With Interest And Cost

The National Consumer Disputes Redressal Commission (NCDRC) bench comprising Mr. Ram Surat Ram Maurya as Presiding Member and Dr. Inder Jit Singh as Member disposed of a consumer complaint. The complaint was filed by one Mr. Neeraj Antil against Ms/ Emaar MGF Land Limited for the delay in handing over the possession of the flat. The complainant contended that the construction of the...

Zee Media Moves Madras High Court Challenging Interrogatories Raised By MS Dhoni In Defamation Suit

Zee Media has approached the Madras High Court challenging the order of a single judge allowing Interrogatories raised by MS Dhoni in a defamation suit. Interrogatories are written questions asked by one party to a suit, to which the other party has to give written answers under oath.Justice R Mahadevan and Justice Mohammed Shaffiq adjourned the case to March 13th and refused to pass any...

NCDRC Directs Builder To Pay Compensation For Delay In Delivery Of Possession Of Flats

A bench of NCDRC (National Consumer Disputes Redressal Commission) comprised of Justice Ram Surat Ram Mauraya, (Presiding member) and Dr. Inder Jit Singh, has rejected the builder’s argument of ‘Force Majeure’ and awarded compensation to the flat buyer for delay in giving possession. The legal term ‘Force Majeure’( Act of GOD ) is a condition which absolves the liability...

Information Commission Bound To Hear PIO Before Imposing Penalty For Alleged Violation Of RTI Act: Karnataka High Court

The Karnataka High Court has said if an order is passed by the Karnataka State Information Commission imposing penalty on a Public Information Officer, without considering the written explanation submitted by him or permitting him opportunity to give oral explanation, then the order is in violation of the principles of natural justice and is liable to be quashed. A single judge bench of...

"People Doctor Ratio In India Abysmally Low": Calcutta High Court Upholds Denial Of Voluntary Retirement To Doctor Citing Larger Public Interest

The Calcutta High Court recently upheld an order of the Additional Chief Secretary To State's Health Department which rejected the application of a doctor for voluntary retirement on the ground of larger public interest. While upholding the said order, the division bench of Justice Harish Tandon and Justice Prasenjit Biswas observed: “The health sector being a most important...

'Someone’s Liberty Is At Stake': Kerala High Court Advises Caution While Considering Bail In POCSO Case Against Parent Litigating Child's Custody

The Kerala High Court on Tuesday held that while considering bail applications related to offences under the POCSO Act that involve allegations of child abuse by a parent, courts should approach the matter with great care, especially when there is litigation between parents over the custody of the child. A single bench of Justice Ziyad Rahman while allowing a bail application filed by a...

Hindu Succession Act Will Not Come In Way Of Inheritance By Tribal Women: Madras High Court

The Madras High Court has recently come to the support of tribal women in their struggle for equal succession rights. The court has noted that the Hindu Succession Law does not to exclude tribal women from its operation but only intends to positively include the customs. Clause (2) of Section 2 of the Hindu Succession Act states that the Act shall not apply to the members of the...

Centre Applies Norms Of "Reporting Entities" Under Prevention Of Money Laundering Act To Cryptocurrency Exchanges

The Ministry of Finance has notified that cryptocurrency exchanges will be “persons carrying on designated businesses or professions” within the meaning of Section 2(1)(sa) of the Prevention of Money Laundering Act. This means that crypto exchanges will come within the definition of "reporting entity" within the meaning of Section 2(wa) of the PMLA. As a consequence, crypto exchanges...

Orissa High Court Weekly Round-Up: February 27 To March 5, 2023

Nominal IndexPrangya Paramita Harichandan v. Orissa University of Agriculture and Technology & Ors., 2023 LiveLaw (Ori) 30Amrita Ray v. State of Odisha & Ors., 2023 LiveLaw (Ori) 31M/s. Unideep Food Processing (P) Ltd. v. ITAT, 2023 LiveLaw (Ori) 32Laxmi Sahu v. State of Odisha & Ors., 2023 LiveLaw (Ori) 33Judgments/Orders Reported This Week‘Horizontal Quota’ For A...

[Article 226] Calcutta High Court Intervenes To Provide Undertrial Prisoner's Vakalatnama To Counsel For Seeking Parole For Mother's Shradh

The Calcutta High Court on Monday directed the State to immediately hand over Vakalatnama duly executed by an under trial prisoner to his relatives and/or advocates of an undertrial prisoner.The application was filed by the brother-in-law of the undertrial prisoner under Article 226 of the Constitution of India praying for a direction upon the respondents authorities so that earlier order of...

[Motor Accident] Kerala High Court Adopts Notional Income Of Deceased Child As ₹30,000; Enhances Compensation Under 'Loss Of Dependency'

The Kerala High Court recently enhanced the compensation awarded by a Motor Accident Tribunal under the head of 'Loss of Dependancy' to the parents and sibling of a deceased child, who had been a victim of a motor accident. Justice Devan Ramachandran, relying on various precedents, adopted Rs.30,000/- as the notional income of the deceased child in the present case, and thereby partly allowed...

Brahmapuram Fire | District Collector Should Oversee Implementation Of Solid Waste Management Rules : Kerala High Court

The Kerala High Court on Wednesday observed that Environmental degradation is a "disaster" (within the meaning of the Disaster Management Act) and therefore, the implementation of the Solid Waste Management and Handling Rules, 2016 will be under the District Collector."Whatever is being done henceforth in implementing the Solid Waste Management and Handling Rules, 2016, shall be strictly...