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Consumer Cases Half-Yearly Digest: January To June 2024
Supreme Court Medical Negligence | Supreme Court Awards Rs 10 Lakh Compensation To Patient Who Developed Hoarseness In Voice After Trainee Gave Anaesthesia Case Title: J. DOUGLAS LUIZ (SINCE DECEASED) THROUGH LEGAL REPRESENTATIVES VERSUS MANIPAL HOSPITAL | CIVIL APPEAL NO.1700 OF 2024 Citation: 2024 LiveLaw (SC) 134 The Supreme Court recently awarded Rs. 10 lakhs...
Supreme Court Refuses To Entertain Petition Challenging TN Hindu Religious And Charitable Endowments Act
The Supreme Court today (July 19) refused to entertain a petition challenging the Tamil Nadu Hindu Religious and Charitable Endowments Act of 1959 (HRCEA). The Court while dismissing the petition granted liberty to the petitioner to move the High Court. The bench led by CJI DY Chandrachud opined that the petitioners approach the High Court instead. The CJI stated that the High Court is...
Lok Pal Refuses To Investigate PM Modi's Claim On Congress Getting Black Money From Adani, Ambani; Says It Was 'Election Propaganda'
The Lok Pal of India has rejected a petition seeking an investigation against Prime Minister Modi over a speech made by him during the recent Lok Sabha election campaign that industrialists Adani and Ambani were giving black money to the Congress party.The anti-corruption body termed that the Prime Minister's speech “borders on surmising and conjecturing” and was an...
Manipur Violence : Judges' Panel Constituted By Supreme Court Seeks Extension Of Term
Senior Advocate Vibha Makhija today (July 19) requested the Supreme Court to grant an extension for the term of the Committee headed by Justice Gita Mittal which is overseeing the humanitarian aspects of the ethnic violence in Manipur. Makhija, who had been appointed as the amicus to represent the committee mentioned before the bench led by CJI DY Chandrachud that the committee's term came to...
FIR Lodged Under IPC But Anticipatory Bail Plea Filed After Enforcement Of New Criminal Laws, Delhi High Court Says BNSS Should Apply
The Delhi High Court has observed that procedure with respect to anticipatory bail pleas filed in relation to FIRs lodged prior to enforcement of new criminal laws should be governed by the Bharatiya Nagarik Suraksha Sanhita 2023, if the date of filing such application is on or after July 1, 2024.Justice Anup Jairam Bhambhani reasoned that Section 531(2)(a) BNSS prescribes that proceedings...
Specific Relief Act | Supreme Court Reiterates Mandatory Requirement Of Direct And Specific Pleadings In Suit For Specific Performance
The Supreme Court recently reiterated that the plaintiff in a suit for specific performance of a contract must provide direct, specific, and accurate pleadings that he is willing and ready to perform his obligations in the contract and such pleadings must be proved with evidence.“The pleadings in a suit for specific performance have to be very direct, specific and accurate. A suit for...
Supreme Court Stays Recovery Actions By Banks/Builders Against Homebuyers Of Certain Stalled Projects In Noida
In an interim relief to several homebuyers who took loans for certain housing projects in Delhi-Noida which got eventually stalled, the Supreme Court recently stayed coercive recovery steps by banks/financial institutions and builders/developers against them. The stay order will also apply to proceedings for cheque dishonour as per Section 138 of the Negotiable Instruments Act.A bench...
Only If Appeal Is 'Pending' Before Enforcement Of BNSS, Can It Be Continued Under CrPC: Delhi High Court's "Possible Interpretation"
Giving a “possible interpretation” of Section 531(2)(a) of the Bharatiya Nagarik Suraksha Sanhita 2023, the Delhi High Court said that only if an appeal is pending before the new law came into force, can such an appeal be continued under the Cr.P.C.Justice Anup Jairam Bhambhani said,“As per the general, settled principle of law, an appeal is considered to be a continuation of the...
Supreme Court Issues Notice To HC On Petition Challenging Punjab & Haryana Superior Judicial Service Examination 2024
The Supreme Court today (July 19) agreed to consider the challenge to the selection and marking procedure adopted for the Punjab & Haryana Superior Judicial Service Examination 2023-24. The petitioner has challenged the entire selection and evaluation process adopted in the Mains (written) Exam for 2023-24. The petitioner has alleged arbitrary markings in the answers of the candidates....
Arbitration | Dispute Regarding Full & Final Settlement Of Contract Is Arbitrable : Supreme Court
The Supreme Court held that if any dispute arises as to whether a contract has been discharged or not, such a dispute is arbitrable. “Once the contract has been discharged by performance, neither any right to seek performance, nor any obligation to perform remains under it.However, whether there has been a discharge of contract or not is a mixed question of law and fact, and if any...
Supreme Court Refuses To Interfere With HC Decision That Writ Petition Isn't Maintainable Over Bar Association Election Dispute
In a case raising the question as to whether a Bar Association's elections are amenable to writ jurisdiction of constitutional courts under Article 226 of the Constitution, the Supreme Court today expressed that if there is an issue regarding elections to a Bar Association, the same shall go before the concerned Civil Court.The bench of Justices Abhay S Oka and AG Masih was dealing in...
NEET-SS : Supreme Court Seeks Union, NMC Response On Plea Challenging Decision To Not Hold NEET-Super Specialty Exam In 2024
The Supreme Court today (July 19) issued notice on a petition challenging the decision of the National Medical Commission(NMC) to not hold the NEET- Super Speciality Exam (NEET-SS) for 2024. The petition was filed by thirteen doctors under Article 32 of the Constitution.The bench of CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra noted that due to this decision of the NMC,...