Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 14 -- Application u/s 14 of the Act - Powers of District Magistrate (DM)/Chief Metropolitan Magistrate (CMM) - DM/CMM is not a persona designata for purposes of S.14 of the Act - Powers exercised by DM/CMM is a ministerial act - While disposing of application u/s..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 14 -- Expression District Magistrate (DM)/Chief Metropolitan Magistrate (CMM) as appearing in S.14 of the Act shall deem to mean and include Additional District Magistrate and Additional Chief Metropolitan Magistrate for purposes of S.14 of the Act - Additional..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Keeping in view age of deceased, number of dependents and various heads under which claimants entitled to compensation, total compensation of Rs.46,17,350 with 7.5% interest p.a held, awarded to claimants - Lumpsum amount of Rs.2 lakhs also awarded to mother of deceased...........
Custody of child -- Claimed by paternal grandfather - Parents of child died due to COVID-19 - High Court directed the custody of child to maternal aunt who is staying in tribal area/District - There cannot be any presumption that maternal aunt being unmarried having an independent income, younger than paternal grandparents and having a bigger family would take better care..........
Insolvency and Bankruptcy Code, 2016, Section 12A, 30, 7 -- Appeal - Rejection of application for withdrawal of Corporate Insolvency Resolution Process (CIRP) - 90% and more creditors after due deliberations found that it would be in the interest of all stakeholders to permit settlement and withdraw CIRP - Adjudicating authority and appellate authority in such situation..........
Practice and procedure -- Pendency of matter for the same cause of action before High Court and National Green Tribunal - Continuation of proceedings before NGT for the same cause of action, which is seized with the High Court, would not be in the interest of justice - Proceedings pending before NGT quashed and set aside...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Theft of Truck - Insurance claim - Non-settlement of claim - Deficiency in services - Appellant failed to produce either original certificate of registration of vehicle or even duplicate certified copy of certificate of registration issued by RTO - Said documents could not be produced due to circumstances beyond control of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 120B -- Interim bail - Cheating - Accused already released on bail in 87 criminal cases - Main allegation against accused in present FIR is that certificates are forged - Further, allegation is that person who had issued certificates was not authorized to issue those certificates - Charge..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer complaint - Medical negligence - Death of patient after surgery - Medical Council of India in its report mentioned that respondents No.1 was medically negligent in treating the patient - This is a case of medical negligence leading to deficiency in services - Respondents 1 & 2, directed to pay to complainants Rs.25..........
Demolition of buildings -- Eviction of flat-owners - Interest on amount paid to builders for purchase of flat - Flat owners were in possession of flats since 2009-2013 till 2019 when they were asked to vacate flats for demolition of buildings - Amount of Rs.25 lakhs has been paid as interim compensation by State Government - Flat owners were paid only amount that was..........
