Case Note & Summary
Disputes over a property transaction. It examines arguments made by both parties concerning jurisdiction, admissions, and the application of legal provisions like Order 12 Rule 6 of the Civil Procedure Code (CPC) and Section 79 of the Real Estate (Regulation and Development) Act (RERA). The appellate court's decision hinges on whether certain statements constituted binding admissions and whether the court had jurisdiction to entertain the suit.
Introduction and Context
Jurisdiction under Section 79 of RERA Arguments on the nature of the suit and jurisdictional implicationsLegal Principles and Case Law
Explanation of Order 12 Rule 6 of CPC allowing judgments on admission Supreme Court judgments (Karan Kapoor, Himani Alloys, S.M. Asif, Satish Chandera Ahuja) on appropriate scenarios for judgments on admissionSpecific Admissions Considered
Analysis of admissions in documents like the Letter of Allotment and court orders Determination of whether admissions were clear and bindingJurisdictional Challenge and Limitation
Discussion on Section 79 of RERA barring civil courts from certain matters Examination of whether claims for special damages fall within RERA's jurisdictionConclusion and Decision
Court's ruling on jurisdiction and admission of liability Dismissal of arguments regarding the statute of limitations
Issue of Consideration: Siroya FM Constructions Pvt. Ltd. Ors. Versus Sunil Krishnan Anand Ors.
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