Search Results for "Delivery of Possession"

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Search Results for "Delivery of Possession"

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Supreme Court

Supreme Court Allows Appeals in SARFAESI Auction Case, Reinstating DRT Order and Sale. High Court's Writ Jurisdiction Improper When Statutory Remedy Available; Auction Deposit Complied with Rules and Property Not Exempt as Agricultural Land Under Section 31(i) SARFAESI Act.

5 Jan 2023

The dispute arose from securitisation proceedings initiated by Indian Bank against M/s. Raus Constructions Private Ltd. after loan default. The bank c...

Supreme Court

Supreme Court Allows Appeal in Civil Suit for Recovery of Possession - Sets Aside Summary Judgment and Decree for Eviction. The Court held that the plaint did not disclose a valid cause of action as it was based on ambiguous lease expiry and future events, making summary judgment under Order XII Rule 6 of the Code of Civil Procedure, 1908 improper.

22 Sep 2022

The appeal arose from a civil suit for recovery of possession of a plot of land in Delhi. The appellant, Hindustan Petroleum Corporation Ltd., operate...

Supreme Court

Supreme Court Dismisses Consumer Complaint Against Builder for Refund of Consideration Due to Premature Filing and Lack of Deficiency Proof. Complaint Filed Before Expiry of Contractual Grace Period Under Allotment Terms, and Appellants Failed to Establish Incomplete Work or Delay in Possession Offer.

16 Sep 2022

The dispute arose from a consumer complaint filed by the appellants against the respondent-company, a builder, alleging deficiency in service due to d...

Supreme Court

Supreme Court Allows Appeal in Stamp Duty Dispute Over Agreement to Sell. The court quashed orders directing payment of deficient stamp duty under Entry No. 5 of Schedule 1-A of the Indian Stamp Act, 1899 as amended by the State of Punjab, holding that possession was not delivered under the agreements as per recitals.

16 Sep 2022

The dispute arose from a civil suit for specific performance of a Memorandum of Agreement dated 24.02.1996 and an agreement to sell dated 14.05.2011 c...

Supreme Court

Supreme Court Dismisses Application for Appointment of Arbitrator in Arbitration Dispute Over Final Award. The court held that the award was final and had adjudicated all claims, with no unresolved issues requiring fresh arbitration, and rejected a plea for correction under Section 33 of the Arbitration and Conciliation Act, 1996 as it was not raised in the application and lacked merit.

15 Mar 2022

The dispute arose from a civil appeal where the Supreme Court appointed Justice S.S. Nijjar as sole arbitrator to resolve disputes between the parties...

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...

Supreme Court

Supreme Court Allows Appeal of Authority in Plot Allotment Case Due to False Affidavits and Breach of Eligibility Conditions. Allotment Cancelled as Plaintiff and Spouse Filed False Affidavits Concealing Prior Allotment, Violating Terms Under Uttar Pradesh Industrial Development Act, 1976.

15 Feb 2022

The dispute arose from the allotment of residential plots in Noida. The plaintiff-respondent, a member of the Defence Services Cooperative Housing Soc...

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...

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...

Supreme Court

Supreme Court Reverses High Court Judgment in Land Title Dispute Due to Jurisdictional Error and Procedural Defects. High Court Exceeded Authority Under Section 100 CPC by Re-appreciating Evidence Without Framing Substantial Question of Law, and Specific Performance Decree Was Invalid for Non-Impleadment of Necessary Parties.

17 Jan 2022

The dispute involved a long-standing conflict over land measuring 0.08 cents, part of a larger 50-acre parcel, with origins dating back to the 1960s. ...

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