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Supreme Court

Supreme Court Quashes Deemed Conveyance Order in Maharashtra Ownership Flats Act Case Due to Lack of Jurisdiction Over Third-Party Rights. The competent authority under Section 5A of the Maharashtra Ownership Flats Act, 1963 exceeded its jurisdiction by granting deemed conveyance of property not covered by flat purchase agreements, affecting appellant's rights allotted under a dissolution deed.

21 Apr 2025

The dispute arose from a partnership firm dissolution in 1987, where a larger plot was partitioned between Lalbhai H. Shah (predecessor of respondents...

Supreme Court

Supreme Court Quashes Defamation Complaint Against Home Buyers for Protest Banner Under Indian Penal Code. The Court Held That the Banner Contained Factual Grievances Made in Good Faith for Protection of Interests, Falling Under the Ninth Exception to Section 499 IPC, and Thus Did Not Disclose an Offence Under Section 500 IPC.

17 Apr 2025

The dispute arose between home buyers (appellants) and a developer (respondent) over alleged deficiencies in services, including failure to form a soc...

Supreme Court

Supreme Court Directs Compensation for Delayed Possession in Fiesta Homes Project. The Supreme Court mandates compensation for homebuyers, correcting NCDRC's oversight of the construction agreement's possession date.

22 Jul 2024

The appellants, along with proforma respondents, filed a complaint against the first respondent-builder for delay in handing over possession of flats ...

Supreme Court

Supreme Court Allows Management's Application in Land Sale Dispute by Invoking Principle of Restitution to Correct Erroneous Disbursement. Court Held That Funds Diverted to Parties Without Adjudication of Claims Must Be Returned to Protect Stakeholder Interests Under Inherent Jurisdiction and Section 144 of Code of Civil Procedure, 1908.

23 Mar 2023

The Supreme Court considered an application (I.A. No. 88960 of 2020) filed by the management of Unitech Limited seeking various directions related to ...

Supreme Court

Supreme Court Dismisses Applications for Recall of Interest Rate Reduction Order in Real Estate Dispute. Builders sought to restore interest rate reduction benefits granted to Amrapali Group, but court held contractual obligations cannot be unilaterally altered and relief was fact-specific to Amrapali's circumstances.

28 Feb 2023

The Supreme Court considered a batch of interlocutory applications filed by various promoters, developers, and builders operating in Noida and Greater...

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...

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...

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,...

Supreme Court

Supreme Court Dismisses Promoter's Appeal in Real Estate Regulation Case, Upholding Authority's Jurisdiction and Pre-deposit Condition. The court affirmed that a single member of the Real Estate Regulatory Authority has jurisdiction to order refunds under Section 18 of the Real Estate (Regulation and Development) Act 2016, and the pre-deposit requirement under Section 43(5) is valid for statutory appeals.

11 Nov 2021

The dispute arose from appeals filed by promoters and real estate developers against orders of the High Court of Allahabad, which had dismissed their ...

Supreme Court

Supreme Court Directs NCLT to Expedite Approval of Resolution Plan in Home Buyers' Insolvency Case, Upholding IBC Moratorium. Execution of Consumer Forum Order Stayed Under Section 14 of Insolvency and Bankruptcy Code, 2016, with Personal Liability Issues Referred to Adjudicating Authority.

8 Sep 2021

The dispute involved home buyers who had entered into agreements with a developer for a housing project, with possession due in 2014. The developer ab...

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