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Consumer protection

SANT ROHIDAS LEATHER INDUSTRIES AND CHARMAKAR DEVELOPMENT CORPORATION LTD. versus VIJAYA BANK

Because the Bank asserted that the FDR had been pledged to avail an overdraft and the appellant alleged that such pledge/loan was fraudulent (with a criminal complaint pending), there was a serious unresolved factual dispute going to whether the deposit was made for a commercial purpose; that dispute and allegations of fraud could not be resolved in summary consumer proceedings and therefore the complaint was not maintainable and dismissal by the NCDRC was justified.

Source excerpt

  • Definition of consumer
  • Commercial purpose
  • Fixed deposit receipt (fdr)
  • Deficiency in service
  • Maintainability of consumer complaint
  • Pledge/hypothecation
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Motor vehicles act, 1988

R. HALLE versus RELIANCE GENERAL INSURANCE COMPANY LIMITED

The Supreme Court held that on the uncontroverted medical and neuropsychological evidence (Medical Board certificate and neuropsychological assessment showing severe memory impairment, frontal lobe dysfunction and IQ 65 with partial blindness and orthopedic limitations) the appellant's injuries cumulatively rendered him functionally incapable of discharging his pre-accident managerial duties; accordingly functional disability for computation of loss of earning capacity was to be assessed at 100%, the MACT and High Court awards were modified and total compensation was recalculated to Rs.97,73,…

Source excerpt

  • Assessment of disability
  • Loss of earning capacity
  • Enhancement of compensation
  • Reappreciation of evidence by appellate court
  • Neuropsychological assessment
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Criminal procedure

MOHAMMAD KALEEM versus STATE OF UTTAR PRADESH & ORS.

The Trial Court applied a higher-than-appropriate standard and engaged in excessive pre-trial scrutiny by treating minor or isolated inconsistencies as fatal rather than assessing the cumulative weight of testimony. The testimony on oath of three witnesses, including the complainant, met the 'strong and cogent' standard required under Section 319 CrPC. The judgments of the Trial Court and High Court were therefore set aside and the proposed additional accused were ordered to be produced and proceeded with in accordance with law.

Source excerpt

  • Section 319 crpc
  • Summoning additional accused
  • Pre-trial scrutiny
  • Standards of evidence
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Criminal law

SUBRAMANI versus STATE OF KARNATAKA

The High Court correctly convicted the appellant because the eyewitness testimony of the daughter (PW-3), the dying declaration recorded in hospital with the treating doctor's endorsement, the medical and post-mortem evidence establishing death due to septicaemia from extensive antemortem burns, and the immediate recovery of a kerosene tin, matchbox and burnt cloths together constituted clinching and corroborative evidence proving the appellant's guilt beyond reasonable doubt; the Trial Court erred in acquitting on the basis of minor discrepancies and speculative impossibility findings.

Source excerpt

  • Murder
  • Dying declaration
  • Cruelty (section 498a ipc)
  • Medical opinion on cause of death
  • Recovery of material evidence
  • Conviction on appeal
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Constitutional law

MANOHAR LAL versus COMMISSIONER OF POLICE & ORS.

The dismissal under clause (b) of the second proviso to Article 311(2) was quashed because the disciplinary authority relied on the ACP's preliminary enquiry without objective material demonstrating that holding a regular departmental enquiry was not reasonably practicable; the recorded satisfaction was therefore without application of mind and arbitrary, rendering the dismissal invalid; appellant to be reinstated with continuity of service and consequential benefits notionally, with back wages limited to 50% due to involvement in a criminal case.

Source excerpt

  • Article 311(2) second proviso (b)
  • Departmental enquiry
  • Dismissal from service
  • Reinstatement
  • Judicial review of administrative satisfaction
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Service law

M. THANIGIVELU AND ORS. versus TAMIL NADU ELECTRICITY BOARD AND ORS.

Seniority of direct recruits is to be counted from their placement in the list of approved candidates and from the first date of their joining after which they were sent for training, because Regulations 10(9), 87 and 97 treat training as part of duty and appointment, and seniority is determined by rank in the approved list rather than by the date probation commences.

Source excerpt

  • Inter-se seniority
  • Assistant engineers (electrical)
  • Direct recruits
  • Internally selected candidates
  • Date of appointment
  • Probation
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Arbitration and conciliation act, 1996

MUNICIPAL CORPORATION OF GREATER MUMBAI versus M/S R.V. ANDERSON ASSOCIATES LIMITED

Clause 8.3(b) is an enabling provision that permits recourse to the Secretary General of ICSID only upon a party's request after 30 days; it did not extinguish the co-arbitrators' power to appoint the presiding arbitrator. The tribunal's interpretation of the clause was a plausible view and there was no patent illegality. Further, MCGM's conduct — participating in proceedings, agreeing to abeyance for conciliation, and failing to object on multiple occasions while co-arbitrators appointed three different presiding arbitrators — evidenced acquiescence, so the award could not be set aside.

Source excerpt

  • Constitution of arbitral tribunal
  • Jurisdiction
  • Waiver and acquiescence
  • Interpretation of arbitration clause
  • Alternative dispute resolution
  • Patent illegality
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Service law

THE STATE OF MADHYA PRADESH & ORS. versus RAJKUMAR YADAV

The Supreme Court held that the Division Bench erred in treating the trial court's acquittal as a clean or honourable acquittal; the screening committee validly exercised its discretion to reject the respondent's candidature because he was involved in offences amounting to grave moral turpitude and was acquitted only on benefit of doubt; courts have extremely limited scope to interfere with employer/screening committee decisions absent arbitrariness or mala fides, and therefore the Division Bench's order was set aside and the Single Judge's decision upholding the screening committee was corre…

Source excerpt

  • Recruitment
  • Screening committee
  • Acquittal
  • Moral turpitude
  • Judicial review of administrative action
  • Honourable acquittal
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Evidence

SANJAY KUMAR SHARMA versus STATE OF BIHAR & ORS.

The High Court's acquittal was affirmed because the dying declarations did not inspire confidence or were rendered doubtful by the circumstances of their recording, the investigation was grossly deficient and appeared contrived, crucial independent witnesses were not examined, and material incriminating circumstances were not put to the accused under Section 313 CrPC; on this totality reasonable doubt remained and conviction could not be sustained.

Source excerpt

  • Dying declaration
  • Investigation
  • Section 32 indian evidence act
  • Section 313 crpc
  • Corroboration of dying declarations
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Companies act, 2013

PANNALAL BHANSALI versus BHARTI TELECOM LIMITED & ORS.

The Court held that the reduction under Section 66 was validly adopted: Section 66 does not mandate a valuation report, the company had obtained a valuation and an independent fairness report which were available for inspection, no demonstrable bias by the valuer was shown, application of DLOM was permissible under applicable valuation and accounting standards given the illiquidity, and the statutory safeguards (special resolution and Tribunal confirmation) were complied with; accordingly the appeals were dismissed.

Source excerpt

  • Reduction of share capital
  • Minority shareholders
  • Valuation
  • Discount for lack of marketability (dlom)
  • Fairness report
  • Nclt/nclat composition
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About this LexChat collection

India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.