Important Judgments of the Year 2022 (PART-2)
We are presenting to you the top 10 judgements of the year 2022. This is the second part. This part has five summarised judgements. To read the full case and judgments, please subscribe to our buying guide for the details. You can find it in ‘Top 10 Judgements-2022’.
Dr Prem Lata, Legal Head VOICE
Case: Bharmaputra Biochem Private Limited Vs New India Assurance Company & Anr.
Civil Appeal No. 6943 of 2021/ Decided February 21, 2022
Head Note-The matter cannot be left unresolved because an unnecessary party was added. An unneeded party may be struck down by the court.
The National Consumer Disputes Redressal Commission issued an order on September 27, 2021, by which the complaint was returned unadjudicated for the reason that the surveyor was an unnecessary party in the insurance claim dispute. These facts served as the basis for the appeal before the SC. The claimant or appellant was granted the right to submit a new complaint within 30 days. The insurance company was to be the “sole opposite party for pursuing reparation” while being granted freedom.
Amit Katyal Vs Meera Ahuja & others
Civil appeal No. 3778 of 2020/ Decided March 03, 2022
Head Note- Corporate Insolvency Resolution Process (CIRP) proceedings against a builder can be withdrawn if parties settle the issue
In the case of Amit Katyal Vs Meera Ahuja & others, home buyers in the housing project Krrish Provence Estate at Gurgaon had gone against Jasmine Buildmart Pvt. and invoked Section 7 of IBC 2016 before the Adjudicating Authority/NCLT.
But later, the original applicants filed IA No. 18679 of 2022 under Article 142 of the Indian Constitution and Rules 11 and 12 of the National Company Law Tribunal Rules, 2016, requesting permission to end the CIRP proceedings upon receiving payment of Rs. 3, 36, 02,000/- plus applicable interest from the money the appellant had deposited in the registry of this court.
Case: Mahaveer Stone Crushing Co Vs Tata Motors Ltd
Civil appeal No 6730 of 2010/ Decided on March 24, 2022
Head Note-Selling Repainted & Repaired vehicles, deficiency of services
Complaint before District Forum Gurgaon under CP Act 1986
- That new vehicle was purchased on 10.2.1999
- When taken to workshop after five months of purchase, it was observed that vehicle had an accident and was repainted and claimed relief for replacement.
- Dealer as well as manufacturer were made parties. Expert on 27.1.2000 confirmed the fact. District forum ordered for replacement with cost of litigation.
Experion Developers Pvt. Ltd. Vs Sushma Ashok Shiroor
Civil Appeal No. 6044 of 2019 with Civil Appeal No. 7149 of 2019/ Decided on April 07, 2022
Head Note- SC allowed three fold choices to the home buyer, not been given possession of dwelling within stipulated time
In a case resolved on April 7, 2022, the SC adopts a very lenient stance in favour of homebuyers who put their hard-earned money into a developer’s project but did not receive possession by the deadline.
Medicos Legal Action Group Vs Union of India|
SLP (Civil) 19374/2021/Decided on April 22, 2022
Head Note –Speech during Parliament debate is of little relevance
SC Re-affirms its stand on Healthcare service under Consumer law
An organization “Medicos Legal Action Group” had filed a writ petition before the High Court of Bombay as Public Interest Litigation No. 58 of 2021 and prayed before the court to declare that services performed by healthcare service providers are not included within the purview of the Consumer Protection Act 2019.