Legal Alerts
Writ Petition cannot be entertained under Article 32 regarding the non-completion of real-estate project on time.
The Supreme Court in Upendra Choudhury Versus Bulandshahar Development Authority & Ors., dated 11.02.21, reiterated that “it would be inappropriate to entertain a petition under Article 32 for more than one reason. There are specific statutory provisions holding...
District Consumer Forum has no power to accept the Written Statement beyond 45 days.
The Constitutional bench of Supreme Court in New India Assurance Co. Ltd. versus Hilli Multipurpose Cold Storage Pvt. Ltd., (2020) 5 SCC 757, held that “District Forum has no power to extend the time for filing the response to the complaint beyond the...
Requirement of pre-deposit with Appellate Court is mandatory before filing any Appeal against the Order of DRT under ‘SARFAESI’ Act.
The Supreme Court in Kotak Mahindra Bank Pvt. Ltd. Versus Ambuj A. Kasliwal & Ors., dated 16.02.21 reiterated that “It is noticed that this Court while considering an analogous provision contained in Section 18 of the Securitisation and Reconstruction of...
Separate civil suit by Locker holders for claiming cost of articles kept inside locker in case of theft, loss or misappropriation when bank contests claim and its liability or negligence. The remedy under Consumer Protection Act is also available against deficiency of services by bank.
The Supreme Court in Amitabha Dasgupta Versus United Bank of India & Ors., dated 19.02.21 held that “In the present case, the Respondent bank has not disputed their negligence in breaking open the locker in spite of clearance of rental dues by the Appellant....
Court can interfere with Consent Decree if obtained through Fraud, Misrepresentation, or Mistake.
The Supreme Court in Compack Enterprises India (P) Ltd. Versus Beant Singh, dated 17.02.21, reiterated that “It is well settled that consent decrees are intended to create estoppels by judgment against the parties, thereby putting an end to further litigation between...
The involvement of manufacturer in an overt or tacit manner had to be proved to make it responsible with dealer for deficiency of service.
The Supreme Court during an appeal against the Order of NCDRC where the manufacturer was equally made responsible with dealer for the sale of an old car instead of new one to the consumer held that “The record establishes the absolute dearth of pleadings by the...