Mr. A took his ford Eco-sport to the service center around 10AM. It is his case that Job card was prepared at 11AM and there was in delay commencement of service due to which Mr. A had to un-necessary waste his precious time in waiting at the workshop. Learned District Forum and State Commission held the service centre is deficient in service. Hon’ble NCDRC held that -(i) The service center/......

In case-1, Scheme of amalgamation approved by the NCLT. Thereafter, application was made to Divisional commissioner, Revenue Department, GNCTD seeking adjudication of stamp duty but till date stamp duty payable has not been adjudicated. Hence, writ petition filed seeking directions to the commissioner for adjudication of stamp duty. In case-2, company has converted debentures into shares. It seek......

Who has control over the ‘services’ in the National capital territory of Delhi or the LG on behalf of the Govt? Whether NCTD has the power to legislate under Entry 41 of the State List, and Meaning of the term “in so far as any such matter is applicable to Union Territories” in Article 239AA(3)(a). Facts: 2015 Notification says LG can exercise control: “To th......

Company-A and Company-B filed scheme of merger. ROC, Regional Director (RD) filed their report that both of the companies have violated under Section 73 of Companies Act, 2013 and wrong disclosure made regarding deposits. The directors were also disqualified. The NCLT dismissed the scheme. Hon'ble NCLAT confirmed the order of NCLT and held that violation of law cannot be ignored particularly when ......

Mr. A took a loan of 8 Lakhs from Bank B. Mr. C stood as guarantor in the transaction. Mr. A made default and Bank-B after declaring  Mr. A to be NPA, proceeded under SARFAESI by issuing Section 13 Notice After taking physical possession, Bank- B took steps for auction sale. Mr. A filed an application before DRT but the same got dismissed. No appeal filed before DRAT but Writ filed before Hig......

Mr. A and Mr. B entered into a work contract to complete the work within the prescribed timeline. Mr. A made the part payment and retained 30% on account of anticipated liability. On final completion of work in 2011, Mr. A issued the balance payment after deducting 30% and asked Mr. B to justify the delay to get a waiver. Mr. B justified the same and issued the legal notice for recovery of Rs. 37L......

Mr. A, resident of Himachal Pradesh entered into an agreement with B, company for non-agriculture purposes. Because B failed to obtain the permission from state govt as per Section 118 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972. So, B, the purchaser, assigned the rights to C, an agricultural person for the same purpose. C filed a suit against A for specific performance. Trial court......

Mr. A has taken a loan from the Bank for Rs.3,00,000/- for the purchase of the vehicle. The Hypothecation cum Loan agreement was entered between the parties. Mr. A made defaults and Bank unilaterally appointed the arbitrator and arbitrator passed an award of Rs.4,00,000/- in favour of Bank. Mr. A challenged the award on the ground that the arbitrator was biased because he has been the arbitrator i......

Mr. A was appointed as Additional Director in May 2014. The Board meeting was held in September 2014. Because of non-compliance, ROC initiated prosecution against directors. All directors pleaded guilty except Mr. A.  Mr. A filed an application for discharge but the Trial court refused to discharge Mr. A. The Hon’ble High Court held that: (i) there is no difference between the term dire......

A filed suit for infringement of trademark against B. The Ld. trial court also allowed the application for interim injunction. B filed appeal before Division Bench.  While appeal was pending, B filed petition u/s 57 for cancellation of A’s trademark. A took an objection that petition is not maintainable because B never raised an issue of non-validity of A’s mark in its WS. THE Hon......

Mr. A with his family acquired more than 5% shareholding in the Company B but the disclosure as per SEBI Takeover code was not made. Company B filed petition before NCLT for: (1) to declare the acquisition as illegal because of non-compliance of SEBI takeover code and (2) to rectify the shareholder/ member register accordingly. Hon’ble NCLT allowed the petition but Hon’ble NCLAT set as......

Mr. A and Mr. B enter into an agreement to sell land wherein Mr. B has paid earnest money deposit (EMD). The contract to be executed within 1 year. Mr. A, on date fixed, appeared before sub- registrar but Mr. B failed to appear. Mr. A served the Legal notice and forfeited the EMD. Mr. B after lapse of 2 years filed a suit for specific performance of the agreement. Meantime the land was acquired by......

Mr. A filed suit against Mr. B. After framing of issues, Mr. A filed the list of witnesses and examined himself as witness. Mr. B filed no list of witnesses but the trial court allowed Mr. B to be examined himself as witness. After examination of witnesses, Mr. B filed an application under Order 16 Rule 1(3) to examine 12 witnesses. The trial court dismissed the aforesaid application for reason th......

Mr. A running a business of scrap material has died in a road accident. As per his ITR, he earns Rs.10,000/- per month. The Motor accident claim tribunal (MACT) quantified the salary of the deceased as Rs. 4,000/- as skilled labour ignoring his Income tax returns for reason that there's only one ITR. The High Court confirmed the same. The Hon’ble Supreme Court while enhancing the compensatio......

Mr. A took a loan from the Bank. Due to non-payments of the EMI, Bank invoked the arbitration agreement and unilaterally appointed the arbitrator. Mr. A protested for such unilateral appointment. However, the Ld. arbitrator continued the proceedings. Mr. A filed section 12(5) petition seeking terminating the mandate of the arbitrator and to substitute the arbitrator to start afresh. The Bank agita......

Mr. A and Mr. B entered into a transaction to buy nitrogen oxygen plant for which Mr. A paid advance sum of Rs.20 lacs. Because the consumer of Mr. A defaulted in payment, Mr. A asked Mr. B to cancel the transaction and refund the advance. On denial of same, Mr. A filed recovery suit against Mr. B. Mr. B filed section 8 arbitration and get the matter referred to the arbitration. Mr. A filed statem......

If there is a fraud played upon by the Insurance co. then insurance Co. cannot take benefit of it. It becomes voidable agreement to the benefit of consumer. If the mandate of IRDAI is not followed such as proposal form not given within 30 days etc. Then exclusion clause becomes redundant. The Blue pencil applies.  An exclusion clause in a contract of insurance has to be interpreted ......

A filed a partition suit against B. B filed Order 7 R11 seeking rejection of plaint on two grounds (i) court fees, (ii) concealment of will. The Hon'ble High Court rejected the aforesaid Application and held that: Where relief of possession is consequential to the main relief of partition then no separate court is required for both subjects. The plaintiff has paid court fees equal to 1/5 of h......

Hon’ble Supreme Court of India in Gujarat State Civil Supplies corp. v. Mahakali Foods Pvt. Ltd., Civil appeal no. 127 of 2018, Judgment dated 31/10/2022 has held that the MSME Act being a special law is enacted for the specific category of persons i.e. micro, small & medium buyers and suppliers whereas Arbitration & conciliation Act is a general law of resolving dispute using altern......

Villagers of place A using an area as a crematorium for 100 years. After establishment of residential society therein, society members filed complaint to the municipality for shifting of crematorium. The Hon’ble High court in writ petition directed the standing committee of municipality to take this decision. The Division Bench however directed the Municipality to take possession of alternat......