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Court can interfere with Consent Decree if obtained through Fraud, Misrepresentation, or Mistake.

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 parties. Resultantly, this Court has held that it would be slow…

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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.

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. However, the number…

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Requirement of pre-deposit with Appellate Court is mandatory before filing any Appeal against the Order of DRT under ‘SARFAESI’ Act.

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 Financial Assets and Enforcement   of   Security Interest…

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Writ Petition cannot be entertained under Article 32 regarding the non-completion of real-estate project on time.

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 the field, including among them: (i) The Consumer Protection…

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Facts and circumstances should be fully established to held the accused guilty on their basis and the Appellate Court can interfere against an Order of Acquittal only when there are perversity.

Facts and circumstances should be fully established to held the accused guilty on their basis and the Appellate Court can interfere against an Order of Acquittal only when there are perversity.

The Supreme Court in State of Odisha vs. Banabihari Mohapatra & Anr, dated 12.02.21, reiterated that “As held by this Court in Sadhu Saran Singh v. State of U.P. reported in 2016 (4) SCC 357, an appeal against acquittal has always been on an altogether different…

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Probate is necessary only when the wills are made within the territory of Calcutta, Madras and Bombay or when the wills are made regarding the property situated in the territory of the aforesaid states as per the Indian Succession Act, 1925.

Probate is necessary only when the wills are made within the territory of Calcutta, Madras and Bombay or when the wills are made regarding the property situated in the territory of the aforesaid states as per the Indian Succession Act, 1925.

The Supreme Court in Ravinder Nath Agarwal vs. Yogender Nath Agarwal, dated 12.02.21, held that “A   cumulative   reading   of   Sections   57,   213   and   264   would show: (i)  that a person claiming to be an executor or legatee under a Will cannot rely upon the Will, in any…

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Order of Refusal to condone delay in filing an application to set aside the award is appealable under Section 37(1)(c) of the Arbitration Act.

Order of Refusal to condone delay in filing an application to set aside the award is appealable under Section 37(1)(c) of the Arbitration Act.

The Supreme Court in Chintels India Ltd. Vs. Bhayana Builders Pvt. Ltd., dated 11.02.21, held that “Consequently, the question of law is answered by stating that an appeal under section 37(1)(c) of the Arbitration Act, 1996 would be maintainable against an order refusing to condone delay in…

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Cheque issuer has to prove that Cheque was not drawn in discharge of liability, where an issued blank cheque gets bounced after being presented in bank for specific amount, otherwise liable for criminal liability under N.I. Act which also includes fine upto twice the cheque amount along with simple interest @ 9% per annum as payment of compensation to victim.

Cheque issuer has to prove that Cheque was not drawn in discharge of liability, where an issued blank cheque gets bounced after being presented in bank for specific amount, otherwise liable for criminal liability under N.I. Act which also includes fine upto twice the cheque amount along with simple interest @ 9% per annum as payment of compensation to victim.

The Supreme Court in M/s. Kalamani Tex & Anr. Vs. P. Balasubramanian, dated 10.02.2021, held that “Even if we take the arguments raised by the appellants at face value that only a blank cheque and signed blank stamp papers were given to the respondent, yet the statutory…

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Accused under UAPA Act are also entitled for bail as per their fundamental right of “Speedy Trial” where they had been in jail for an extended period of time with little possibility of early completion of trial.

Accused under UAPA Act are also entitled for bail as per their fundamental right of “Speedy Trial” where they had been in jail for an extended period of time with little possibility of early completion of trial.

Arcelor Mittal Nippon Steel India Ltd. Versus Essar Bulk Terminal Ltd., AIR 2021 SC 4350 The Supreme Court on application under section 9 of Arbitration Act in Arcelor Mittal Nippon Steel India Ltd. Versus Essar Bulk Terminal Ltd., AIR 2021 SC 4350 held that: “It…

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