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Supreme Court

Supreme Court Orders Forensic Audit and Status Quo in Real Estate Project Dispute Over Fund Siphoning Allegations. The Court Approved Forensic Audit Findings That the Amrapali Group Controlled the La-Residentia Project and Diverted Buyer Funds, Leading to Interim Relief for Apartment Buyers Under Writ Petition (Civil) No. 940 of 2017.

29 Jun 2022

The Supreme Court of India, in a civil original jurisdiction matter, addressed a dispute concerning the Amrapali La-Residentia real estate project. Th...

By Lawtext
  • 89
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Supreme Court

Supreme Court Dismisses Revenue's Appeal Against Quashing of Reassessment Notice Under Income Tax Act Due to Lack of Tangible Material and Improper Reliance on Income Declaration Scheme. Reassessment Initiated Based on Accommodation Entries and Declaration Under Section 183 of Finance Act, 2016 Held Invalid as AO Failed to Establish 'Reasons to Believe' Income Escaped Assessment for AY 2010-11.

28 Mar 2022

The dispute arose from a reassessment notice issued by the Commissioner of Income Tax under Sections 147/148 of the Income Tax Act, 1961, for the asse...

By Lawtext
  • 66
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Supreme Court

Supreme Court Dismisses Promoter's Appeals in Consumer Disputes Under RERA Due to Binding Precedent on Remedies for Delayed Possession. The National Commission's Reliance on Imperia Structures Ltd. v. Anil Patni & Another Was Upheld, as Section 18 of the Real Estate (Regulation and Development) Act, 2016 Provides Allottees Unqualified Rights to Refund or Interest for Delay.

28 Mar 2022

The appeal arose from a judgment and order dated 11.10.2021 passed by the National Consumer Disputes Redressal Commission in Consumer Case No.1043 of ...

By Lawtext
  • 286
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Supreme Court

Supreme Court Allows Bangalore Development Authority's Appeal in Site Allotment Pricing Dispute, Setting Aside High Court Order. Court Holds Respondents Bound by Terms of 1988 Notification They Consented To, Distinguishing Precedent on Factual Grounds Under Rule 12 of Bangalore Development Authority (Allotment of Sites) Rules, 1984.

9 Mar 2022

The dispute involved site allotments by the Bangalore Development Authority under notifications dated 10.03.1988 and 15.10.1988. Respondents had initi...

By Lawtext
  • 72
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Supreme Court

Supreme Court Allows Withdrawal of CIRP Proceedings in Insolvency Case Based on Settlement with Majority Home Buyers. Original applicants (home buyers) permitted to withdraw Section 7 application under Insolvency and Bankruptcy Code, 2016 as settlement reached with corporate debtor and majority home buyers, with corporate debtor undertaking to complete project within one year.

3 Mar 2022

The dispute arose from a housing project in Gurgaon, where the corporate debtor, Jasmine Buildmart Pvt. Ltd., failed to complete the project within ei...

By Lawtext
  • 100
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Supreme Court

Supreme Court Allows Appeal in Part on Operational Creditor Status but Upholds Dismissal on Limitation in Insolvency Case. The court held that a purchaser does not qualify as an operational creditor under Section 5(20) of the Insolvency and Bankruptcy Code, 2016, and the application under Section 9 was barred by limitation due to debt arising from 2013 transactions.

4 Feb 2022

The appeal arose from a dispute under the Insolvency and Bankruptcy Code, 2016, involving the appellant, Consolidated Construction Consortium Limited,...

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  • 57
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Supreme Court

Supreme Court Dismisses Appeal in MRTP Act Case Upholding Commission's Finding of No Unfair Trade Practices. The Court Held That Extra Charges and Cancellation of Apartment Allotment Were Contractual and Did Not Constitute Unfair Trade Practices Under Sections 36-A and 36-B of the Monopolies and Restrictive Trade Practices Act, 1969.

25 Jan 2022

The appeal arose from a judgment dated 19.01.2009 by the Monopolies and Restrictive Trade Practices Commission, New Delhi, which dismissed a complaint...

By Lawtext
  • 78
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Supreme Court

Supreme Court Dismisses Developer's Appeal in Consumer Dispute Over Delayed Possession and Refund. The court upheld the National Consumer Disputes Redressal Commission's order for refund with interest, rejecting the developer's argument that possession delivery period should start from Fire NOC date under the Apartment Buyers Agreement, as construction had commenced earlier.

21 Jan 2022

The appeals arose under Section 23 of the Consumer Protection Act, 1986 from the decision of the National Consumer Disputes Redressal Commission on co...

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  • 62
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Supreme Court

Supreme Court Upholds Class Action by Homebuyers Under Section 35(1)(c) of Consumer Protection Act, 2019 — Builder's Objection on Miniscule Percentage Rejected. Commonality of Interest Found in Delay in Possession and Unfair Trade Practices, Allowing Representative Complaint for All 1134 Apartment Purchasers.

17 Dec 2021

The case involves an appeal by Brigade Enterprises Limited, a builder, against an order of the National Consumer Disputes Redressal Commission (NCDRC)...

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  • 108
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Supreme Court

Supreme Court Reverses High Court's Quashing of Criminal Proceedings Against Public Servants in Corruption Case. The High Court Erred by Conducting Mini-Trial Under Section 482 CrPC; Allegations of Criminal Conspiracy and Misconduct Under Prevention of Corruption Act, 1988 and IPC Prima Facie Made Out, Requiring Trial.

11 Dec 2021

The dispute arose from criminal proceedings initiated against public servants of the Bhubaneswar Development Authority (BDA) and the Housing and Urban...

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