Supreme court
Consumer Cases Monthly Digest: May 2024
Supreme Court Consumer Protection Act 1986 | Onus Of Proving That Service Was Availed For 'Commercial Purpose' Is On Service Provider : Supreme Court Case Title: SHRIRAM CHITS (INDIA) PRIVATE LIMITED EARLIER KNOWN AS SHRIRAM CHITS (K) PVT. LTD VERSUS RAGHACHAND ASSOCIATES In an important ruling relating to consumer protection law, the Supreme Court on Friday (May 10) set out the manner in which the consumer fora must decide technical pleas raised by service providers against the...
Monthly Digest Of IBC Cases: May 2024
SUPREME COURT Can Homebuyer's Claim For Apartment Be Rejected For Not Filing Claim During Insolvency Process Against Builder? Supreme Court To Decide Case Title: Ayush Agarwal vs Jaypee Infratech Ltd. & Ors. Citation: Civil Appeal No. 5185/2024 The Supreme Court of India is set to determine whether the non-filing of a claim during the insolvency resolution process of...
Subsequent Change In Law Can't Be A Ground For Condonation Of Delay: Supreme Court
In a batch of land acquisition cases, the Supreme Court recently observed that subsequent change in law cannot be a ground for condonation of delay."...if subsequent change of law is allowed as a valid ground for condonation of delay, it would open a Pandora's Box where all the cases that were subsequently overruled, or the cases that had relied on the judgements that were subsequently...
Supreme Court Criminal Digest April 2024
Bail Cancellation of Bail – Grounds – Misuse of liberty – Participation in protest and expression of strong views – Non-violation of bail conditions. A. Duraimurugan Pandiyan Sattai @ Duraimurugan v. State, 2024 LiveLaw (SC) 313 Criminal Law – Bail application – No specific prayer for bail in appeal petition – Held, the plea for bail in the context of the present...
Supreme Court Quarterly Digest 2024 - Negotiable Instruments Act, 1881
Director of the company not responsible for its day-to-day affairs cannot be held liable for dishonor of cheque. (Para 10) Susela Padmavathy Amma v. Bharti Airtel Ltd., 2024 LiveLaw (SC) 237 Section 118 r/w. 139 - Accused has signed the cheque. The only dispute is with regard to the age of the ink used in making the signature on the cheque and the age of the signature and contents of...
Supreme Court Monthly Digest April 2024
Citations 2024 LiveLaw (SC) 269 to 2024 LiveLaw (SC) 339 Abuse of Process of Law Abuse of process of law – Collusion between parties in tender process – Held, respondent no. 1 in collusion with respondent no. 2, had misused the process of law for covering up the irregularities and illegalities committed in the tender process. The division bench of High Court failed to notice...
Supreme Court Weekly Digest With Subject /Statute Wise Index [April 21 to 30]
Supreme Court Weekly Digest April 2024 Part 3 (Apr 21 - 30, 2024)Bail Cancellation of Bail – Grounds – Misuse of liberty – Participation in protest and expression of strong views – Non-violation of bail conditions. A. Duraimurugan Pandiyan Sattai @ Duraimurugan v. State, 2024 LiveLaw (SC) 313Code of Civil Procedure, 1908Failure to implead necessary parties – Court must apply its...
No Government Servant Can Claim Promotion As Their Right : Supreme Court
Recently, the Supreme Court observed that government employees cannot demand promotion as a matter of right and that the Court's intervention in promotion policies should only be limited when there is a violation of the equality principle under Article 16 of the Constitution. On May 17, the Court upheld the recommendations made by the High Court of Gujarat in 2023 for the promotion of...
Can A Person, Awarded Monetary Compensation But Has Not Received It, File Appeal As Indigent? Supreme Court Answers
The Supreme Court, in its recent judgment (on May 27), answered the question of whether a person, who has been awarded monetary compensation but has not received it, would not be able to file an appeal seeking enhanced compensation as an indigent. An indigent person is someone who does not have the financial means to pay the Court fee and proceed with the suit filed. At the outset, the...
Supreme Court Weekly Round-Up (20 May-25 May, 2024)
With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest, dedicated to keeping our readers abreast of the most recent legal developments in the country's apex court. This digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the past week, providing...
Tenant Continuing In Possession After Expiry Of Tenancy Liable To Compensate Landlord By Paying 'Mesne Profits' : Supreme Court
The Supreme Court held that if the tenant continues to remain in the rented premises even after the tenancy rights are extinguished, then the landlord would be entitled to receive compensation in the form of 'mesne profit' from the tenant. “While the above-stated position is generally accepted, it is also within the bounds of the law, that a tenant who once entered the property in...
Supreme Court Quarterly Civil Digest 2024
Supreme Court Quarterly Civil Digest 2024Abuse of Process of Law Special Leave Petitions - Several matters, wherein the special leave petitions are filed either against the order seeking adjournment or the order issuing notices or grant/refusal of interim protections. Filing of such petitions not only wastes the time of the Court but it also puts unnecessary burden on the Courts and adds up...