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Bombay High Court Allows Promoter's Appeal in RERA Case, Holding That Acceptance of Delayed Possession Without Protest Does Not Waive Right to Interest Under Section 18 of RERA. Statutory Right to Interest Under RERA Cannot Be Waived by Mere Acceptance of Possession Without a Clear Agreement.

The case involves a Second Appeal filed by CCI Projects Private Limited (the promoter) against an order of the Maharashtra Real Estate Appellate Tribu...

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Bombay High Court Quashes Deemed Conveyance Order Under MOFA Due to Lack of Notice to Developer. Section 11 of MOFA Requires Notice to All Parties Before Granting Unilateral Conveyance.

The petitioners, M/s. ACME Enterprises (a partnership firm) and its partner Mr. Ummedra K. Vardhan, challenged an order dated 26th November 2019 passe...

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Bombay High Court Upholds Conviction of Mother for Murder of Daughters Based on Circumstantial Evidence. Chain of circumstances including motive, last seen, recovery of stolen property, and false explanation held sufficient to prove guilt under Section 302 IPC.

The appellant, Smt. Pratima Naik, was convicted by the Sessions Court, Margao in Sessions Case No. 21/2015 for the murder of her two daughters, Uma an...

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Bombay High Court Dismisses Writ Petition Challenging Impleadment of Proposed Defendants in Suit Under MOFA. Court holds that impleadment of persons claiming title to the property is necessary for effective adjudication of the suit under Section 11 of the Maharashtra Ownership of Flats Act, 1963.

The case involves a writ petition filed by Mahendra Jayantilal Vora and two others (petitioners) challenging an order of the trial court allowing thei...

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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.

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

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Bombay High Court Dismisses Suit by Condominium Against Developer for Declaration of Rights Over Adjoining Plots as Barred by Limitation. Claims for Easement and Right of Way Held Time-Barred Under Articles 25, 65, and 113 of Limitation Act, 1963.

The Plaintiffs, Beach Towers Condominium and its President, filed a suit in 2012 seeking declarations that they have a right of way and easement over ...

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Bombay High Court Upholds Appointment of Court Receiver in Redevelopment Dispute Between Society, Developer, and Occupants. Court Directs Handover of Possession Subject to Payment of Compensation Under Development Agreement.

The appeal arose from a judgment of a learned Single Judge appointing the Court Receiver as Receiver of two flats occupied by the appellants and direc...

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Bombay High Court Dismisses Petition Challenging GST Detention Order — Petitioner Failed to Produce E-Way Bill or Invoice at Time of Inspection, Detention Upheld Under Section 129 of MGST Act, 2017.

The petitioner, Velentine Properties Private Limited, filed a writ petition challenging the detention of its goods and vehicle by the State of Maharas...