The NCDRC held that a homebuyer may approach either RERA authorities or consumer fora and none of the acts bars the jurisdiction of the other. However, both remedies cannot be pursued concurrently. The above ratio […]
The Supreme Court has observed that the protection offered to a statutory tenant by Rent Control Laws can only be overcome by following the procedure laid out in such laws. The Supreme Court delivered […]
The Supreme Court has held that the appointment of arbitrator by a person who himself is ineligible to be an arbitrator as per Section 12(5) of the Arbitration and Conciliation Act 1996 is void ab […]
The Supreme Court has observed that mere financial assistance to buy a property cannot be the sole determinative factor/circumstance to hold the transaction as benami in nature. The Court delivered the reasoning in the […]
The Supreme Court has held that it would be necessary for the Court before considering and passing final orders on an application under Section 11(6) of the Arbitration Act to await the adjudication by the […]
The Apex Court held that Judicial orders/quasi-judicial orders passed by any court/tribunal/authority deciding the lis between parties should be supported by reasoning and parties as well as appellate courts are entitled to know the reason […]
The provision in the State Act contemplating payment of Gratuity will be inapplicable in respect of the employees of the local bodies. The Supreme Court has held that the employees of the local bodies like […]
The Apex Court held that a term of a contract which is one sided and opposed to the interest of the buyers cannot be final and binding if it is shown that the flat purchasers […]
The Supreme Court recently observed that the High Court(s) while dealing with an application under Section 11(6) of the Arbitration and Conciliation Act, seeking appointment of an ‘independent Arbitrator’, should first resort to the mechanism […]
The Supreme Court of India through Justice Mr. Abhay Manohar Sapre and Justice Mr. Dinesh Maheshwari in Rohitbhai Jeevanlal Patel versus State of Gujarat and Anr. Criminal Appeal No.508 of 2019 decided on 15.03.2019 held […]
The Bombay High Court held that there is a distinction between contractual liability under the contract of insurance (medical) and the statutory liability under the Act and reimbursement under the former cannot be adjusted against […]
The National Company Law Appellate Tribunal has held that statutory dues of income tax, value added taxes etc. are ‘operational debts’ under the Insolvency and Bankruptcy Code 2016. The said ruling was held in […]