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Dishonour of Cheques — Security Deposit — Refund Conditional Upon Vacant Possession — Conviction Under Section 138 of the Negotiable Instruments Act, 1881 Set Aside

The refund of security deposit was contingent on the respondent handing over vacant possession of the flat. The appellant was entitled to deduct unpa...

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Bombay High Court Directs Refund of Excess Tax Adjustment and Expedites Disposal of Pending Appeal. Unjustified Delay in Adjudicating Stay Application and Appeal Held Prejudicial to Taxpayer’s Rights

The court deprecated delay of over six years in deciding stay application and appeal.  Held that excess recovery was unjustified and directed refund ...

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Supreme Court Upholds Demand Notices for Recovery of Rebate on Electricity Tariff. Promissory Estoppel Yields to Public Interest – Rebate Withdrawal Validated

The Supreme Court dismissed the appeals, holding that: The appellants were not entitled to the rebate under the notification dated 30.09.1991, as the...

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Arbitration – Liquidated Damages – Scope of Judicial Review under the Arbitration Act, 1940 – Interpretation of Contractual Terms – Performance Guarantees – Section 74 of the Indian Contract Act, 1872 – High Court’s Power to Set Aside Arbitral Awards.

The Supreme Court dismissed the appeal, upholding the High Court’s finding that the claim of ₹68.15 lakhs was speculative and beyond the contract...

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Assessment Orders Passed in Name of Non-Existent Entities Post-Amalgamation Held Void Ab Initio – Reliance Industries Limited vs. Commissioner of Income Tax. Jurisdictional Ground Raised After Three Decades Upheld – Supreme Court Precedents on Amalgamation Applied

Jurisdictional Issue:– Assessment orders passed against non-existent entities post-amalgamation are void ab initio, as the entities cease to exist a...

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Supreme Court Holds HUDCO in Breach of Contractual Obligations, Orders Refund of Forfeited Amount to Tomorrowland Limited. Forum Shopping and Unclean Hands Doctrine Bar Interest on Refund – Appeal Partly Allowed

The Supreme Court partly allowed the appeal, holding that HUDCO was in breach of its contractual obligations and ordered a refund of the principal amo...

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Earnest Money Forfeiture – Contractual Obligations – One-Sided Agreements – Consumer Protection

Forfeiture Clause – Valid But Limited to 10% of BSP – Contractual forfeiture of 20% BSP was excessive – Courts can interfere with unfair and one...

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National Consumer Disputes Redressal Commission Allows Consumer Complaint Against Builder for Delayed Possession and Failure to Obtain Occupation Certificate -- Opp. Parties Project Found Deficient in Service Under Consumer Protection Act

The National Consumer Disputes Redressal Commission disposed of two consumer complaints filed by complainants against Opp. Parties. The Complainants h...

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National Consumer Disputes Redressal Commission Orders Refund to Homebuyer in Vatika India Next Project - Consumer Protection Act Applies to Plot Allotment Despite Arbitration Clause - Deficiency in Service Established for Delayed Possession

The National Consumer Disputes Redressal Commission allowed a consumer complaint filed by Complainant( s) against Opp.Party(s) for deficiency in servi...

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Supreme Court Holds Dispute Resolution Clause in Municipal Concession Agreements Constitutes Mediation, Not Arbitration. Article 20 of Concession Agreements Prescribes Mediation by Commissioner, Lacking Essential Elements of Arbitration Clause.

The Supreme Court of India heard three civil appeals arising from separate proceedings before the Delhi High Court, all concerning the interpretation ...