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 Cost Escalation by Development Authority in Consumer Dispute — Clause 7 of Allotment Letter Permitted Price Revision. The Court held that the allotment was not a fixed price contract and the authority acted fairly by granting interest on deposits.

30 Apr 2019

The appeal arose from a judgment of the National Consumer Disputes Redressal Commission (NCDRC) dated 8 November 2017, which had directed the Visakhap...

Supreme Court

Supreme Court Dismisses Appeal as Abated Due to Non-Substitution of Legal Heirs of Deceased Appellant in Property Title Suit. Appeal Abates Entirely When Deceased Appellant's Interest is Inseparable from Co-Appellants, Rendering Inconsistent Decrees Impossible.

26 Apr 2019

The Supreme Court dismissed the civil appeals filed by the defendants/appellants against the judgment of the High Court of Andhra Pradesh which had co...

Supreme Court

Supreme Court Upholds Mortgage by Conditional Sale in Property Redemption Dispute — Distinguishes from Sale with Condition to Repurchase Under Section 58(c) of Transfer of Property Act, 1882. The court affirmed that the transaction was a mortgage, not an absolute sale, and the mortgagor's heirs were entitled to redeem the property upon payment of the balance amount.

23 Apr 2019

The appeals arose from a suit for redemption of mortgage filed by the respondents-plaintiffs, who claimed that their father Shripad Joshi had mortgage...

Supreme Court

Supreme Court Remands Case to High Court for Fresh Hearing Due to Jurisdictional Error in Deciding Application Under Order 41 Rule 27 CPC. High Court Failed to Follow Settled Precedents on Admission of Additional Evidence in Appeal.

16 Apr 2019

The Supreme Court allowed the appeals filed by the legal representatives of the original defendants against the common judgment of the High Court of J...

Supreme Court

Supreme Court Allows Appeal in Lease Dispute Over Requirement of Notice Under Section 106 of Transfer of Property Act. Tenant at Sufferance Does Not Require Notice for Eviction Under Section 106 of Transfer of Property Act, 1882.

11 Apr 2019

The dispute concerns a plot of land in Siliguri, West Bengal, leased by the appellant to the respondent for 15 years under an unregistered indenture d...

Supreme Court

Supreme Court Allows Developer's Appeal in Part, Reducing Interest Rate on Refund for Delayed Possession of Row House. Buyer's Agreement's One-Sided Clause on Delay Interest Does Not Preclude Claim for Reasonable Compensation; Refund Upheld but Interest Reduced from 12% to 9%.

25 Mar 2019

The case involves a dispute between Kolkata West International City Pvt Ltd (the developer/appellant) and Devasis Rudra (the buyer/respondent) arising...

Supreme Court

Supreme Court Allows Port Trust to Seize and Dispose of Third-Party Goods Under Section 6 of Public Premises Act. The Court held that Section 6 of the PP Act is independent of the Major Port Trusts Act and permits disposal of goods found on public premises even if they belong to third parties without privity of contract.

21 Feb 2019

The Supreme Court considered appeals arising from a Full Bench reference of the Calcutta High Court concerning the interpretation of Section 6 of the ...

Supreme Court

Supreme Court Modifies Interest Rate to 9% in Consumer Disputes Against Developer for Delayed Possession. The Court upheld deficiency in service but reduced interest from 15% to 9% per annum, following earlier precedent in Himanshu Arora case.

20 Feb 2019

The Supreme Court disposed of a batch of appeals arising from consumer complaints against DLF Homes Panchkula (P) Ltd. regarding its residential proje...

Supreme Court

Supreme Court Partly Allows Appeals in Arbitration Execution Case — Clarifies Interest Rate as Simple Interest. The Court held that an arbitration award granting interest at 7% per annum without specifying rests must be construed as simple interest, and post-award interest under Section 31(7)(b) of the Arbitration and Conciliation Act, 1996 is payable.

19 Feb 2019

The case arises from an auction of shops conducted by the Municipal Council Thanesar on 18.10.2006. Disputes arose regarding delivery of possession an...

Supreme Court

Supreme Court Allows Appeal in Land Improvement Compensation Case — Constructive Res Judicata Not Applicable Due to Liberty Reserved by Earlier Order. The Court held that the claim for compensation under the Kerala Compensation for Tenants Improvements Act, 1958 is not barred by constructive res judicata because the Supreme Court had expressly kept open the remedy in the earlier proceedings.

5 Feb 2019

The dispute concerns a large tract of land originally belonging to Vengunadu Kovilakam, leased out in 1897 for 75 years. After the lease expired in 19...

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