Legal Update as on 11.01.2023

legal-updates
  1. NCDRC: FEES SHOULD BE PAID VIA ONLINE MODE – By circular dated January 9, 2023, the National Consumer Dispute Redressal Commission (NCDRC) mandated that all payments for fees and other transactions be made online only.
  1. NCDRC – REFUND THE FULL AMOUNT TO DLF UNIVERSALS FOR THE DELAY IN TURNING OVER POSSESSION, SAYS NCDRC – The National Consumer Dispute Redressal Commission (NCDRC) has ordered DLF Universal to reimburse the complainant for the whole principal amount of Rs. 37,73,154/- as well as punitive damages in the shape of simple interest @6% p.a. for the delay in giving possession.
    BALBIR SINGH DHALTA V. DLF UNIVERSAL LTD. (PREVIOUSLY KNOWN AS DLF INDIA LTD.) AND ORS
  1. HC – SARFAESI SALE WILL NOT ELIMINATE AN OLD CHARGE FOR DUES UNDER STATE TAX LAWS – The Kerala High Court ruled that even if the property is sold by the bank under the SARFAESI Act, the statutory charge created under the Kerala General Sales Tax Act and Kerala VAT Act, prior to any mortgage made, would stay intact until such encumbrances are cleared.
    THE TAHSILDAR (RR) & ORS. V. NIZAMUDEEN S. & ORS. AND OTHER CONNECTED CASES.
  1. HC – DENYING DNA TEST OF CHILD NOT ENOUGH TO DRAW UNFAVORABLE INFERENCE – Observing that the wife’s refusal to submit to a DNA test to determine the paternity of the girl child is insufficient to draw a negative inference, the Bombay High Court dismissed the man’s petition contesting the grant of maintenance to his wife.
    NAMDEO S/O. DIGAMBAR GIRI V. SEEMA
  1. DELHI HC – AD INDUSTRY WOULD HATE GOVERNMENT DESCRIBED REGULATIONS – The Delhi High Court noted that the advertisement industry thrives on creativity and freedom of expression and would loathe a government-mandated regulation while dismissing a petition to stop the Advertising Standards Council of India from putting obstacles in the way of broadcasting advertisements.
    DABUR INDIA LIMITED v. THE ADVERTISING STANDARDS COUNCIL OF INDIA
  1. SC TO CENTRE – REFUND ARREARS PURSUANT TO OROP SCHEME AROUND MARCH 15, 2023 – The Supreme Court has ordered the Central Government to abide by its earlier directive to pay the arrears under the “One Rank One Pension” (OROP) scheme to qualified retired members of the armed services by March 15, 2023.
    INDIAN EX-SERVICEMEN MOVEMENT & ORS V UOI
  1. SC – PLAINTIFF CANNOT BE HELD LIABLE FOR MERELY FAILING TO PRODUCE A BANK PASSBOOK. – According to the Supreme Court, a plaintiff in a claim for particular performance cannot be held accountable for failing to turn over his passbook unless he was specifically asked to do so.
    BASAVARAJ VS PADMAVATHI
  1. HC – CAN’T QUASH HARASSMENT COMPLAINT SIMPLY BECAUSE ICC FAILED TO COMPLETE ENQUIRY IN 90 DAYS – The Internal Complaints Committee (ICC) failed to finish its investigation within the 90-day period specified in section 11(4) of the 2013 POSH Act, but the Delhi High Court has ruled that this does not warrant the dismissal of the sexual harassment allegation or the inquiry process.
    CA NITESH PARASHAR v. INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA ICAI & ORS.
  1. DELHI HC – CENTRAL HEALTH SERVICES OFFICERS CANNOT BE PROMOTED AUTOMATICALLY – According to the Delhi High Court, promotions issued under the Dynamic Assured Career Progression Scheme of the Central Health Services cannot be made mechanically based just on the number of years of service without taking into account the employee’s grade in the Annual Confidential Report.
    SHILPI AGARWAL & ANR. VERSUS UOI & ORS.
  1. HC: STATE CANNOT REFUSE REIMBURSEMENT FOR GROUND HOSPITAL CHARGED AMOUNT EXCEEDING APPROVED RATES – The Delhi High Court ruled that in cases where the patient is referred to a particular hospital, reimbursement of medical expenses under the Central Government (Medical Attendance) Rules, 1944 cannot be denied on the grounds that the hospital charged a sum that was more than the allowed rates.
    MAHENDRA KUMAR VERMA VERSUS GOVT. OF NCT OF DELHI & ORS.

Legal Disclaimer: The information contained in this blog post is for general information and educational purposes only. Nothing contained in this blog post should be construed as legal advice from The Aran Law Firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter.

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Legal Updates