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Orders and Judgments Duration April 23, 2019 -May 07, 2019

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Orders and Judgments Duration April 23, 2019 -May 07, 2019

“IF LAW SCHOOL IS SO HARD TO GET THROUGH HOW COME THERE ARE SO MANY LAWYERS?”

CALVIN TRILLIN, AMERICAN WRITER

ALTERNATIVE DISPUTE RESOLUTION

Reliance Life Insurance Co Ltd & Anr v. Rekhaben Nareshbhai Rathod

Suppression of material facts in proposal form makes insurance policy voidable – Supreme Court

The Supreme Court held that failure to disclose previous insurance policies in the proposal form entitles the insurer to repudiate claims under the policy.

The Court emphasized the duty of utmost good faith in insurance contracts.

The Judgement can be accessed at:
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Hari Steel and General Industries Ltd & Anr v. Daljit Singh & Ors

Judgment on admissions permissible only when admissions are categorical – Supreme Court

The Supreme Court held that judgments based on admissions can only be passed where admissions in pleadings are clear, unconditional and unequivocal.

The Court clarified principles governing Order XII Rule 6 of the Civil Procedure Code.

The Judgement can be accessed at:
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Mallikarjunaiah v. Nanjaiah & Ors

Adverse possession must be hostile and against title of true owner – Supreme Court

The Supreme Court reiterated that mere long possession is insufficient to establish adverse possession.

The Court held that possession must be open, hostile, exclusive and in denial of the true owner’s title.

The Judgement can be accessed at:
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Tripura High Court Section 138 NI Act Matter

Demand notice under Section 138 NI Act need not be issued through advocate

The Tripura High Court held that there is no legal requirement under the Negotiable Instruments Act mandating demand notices to be sent only through advocates.

The Court clarified procedural requirements relating to cheque dishonour cases.

Karnataka Housing Board v. K A Nagamani

NCDRC cannot entertain revision petitions arising from execution proceedings – Supreme Court

The Supreme Court held that revision petitions against execution orders passed by State Consumer Commissions are not maintainable before the National Consumer Disputes Redressal Commission.

The Court clarified jurisdictional limitations under the Consumer Protection framework.

The Judgement can be accessed at:
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CORPORATE

Carat Lane Trading Private Limited v. CH Mohd Sharief Tariq

NCLT imposes penalty on Carat Lane for Companies Act non-compliance

The Chennai Bench of the National Company Law Tribunal imposed penalties on Carat Lane Trading Pvt Ltd, its Managing Director and Company Secretary for failure to constitute a Nomination and Remuneration Committee.

The Tribunal observed that the company violated Section 178 of the Companies Act after crossing the prescribed turnover threshold.

The Order can be accessed at:
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JK Jute Mill Mazdoor Morcha v. Juggilal Kamlapat Jute Mills Company Ltd

Trade unions can initiate insolvency proceedings as operational creditors – Supreme Court

The Supreme Court held that registered trade unions are entitled to file insolvency petitions as operational creditors on behalf of workers.

The ruling strengthened employee representation rights under the Insolvency and Bankruptcy Code.

The Judgement can be accessed at:
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COMPETITION

CCI Power Grid Pricing Complaint Matter

Private transmission companies allege predatory pricing by Power Grid Corporation

Private power transmission companies approached the Competition Commission of India alleging that Power Grid Corporation engaged in predatory pricing practices during transmission project auctions.

The complaints raised concerns regarding unfair advantages arising from low-cost funding and Government support.

INFORMATION TECHNOLOGY

Raju Ray v. Union of India

Calcutta High Court refuses to direct Government to frame fake news policy

The Calcutta High Court dismissed a Public Interest Litigation seeking directions to formulate policies regulating fake news broadcasts by media houses.

The Court declined to interfere in policy formulation matters concerning regulation of media content.

The Judgement can be accessed at:
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