Search Results for "Section 78(3)"

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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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Supreme Court Allows Suit Based on Adverse Possession — Overrules Earlier View That Adverse Possession Can Only Be Used as Shield. Plaintiff Who Has Perfected Title by Adverse Possession Can Sue for Declaration and Protection or Recovery of Possession.

The Supreme Court addressed the question whether a person claiming title by adverse possession can maintain a suit for declaration of title and for pr...

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High Court of Karnataka Allows Petitions Declaring Lapse of Land Acquisition Under Section 24(2) of RFCTLARR Act, 2013. Acquisition for Karwar Port Lapsed Due to Non-Payment of Compensation and Non-Taking of Possession.

The petitioners, fishermen residing in Goudawada, Baitkhol, Karwar, Uttara Kannada, filed writ petitions under Articles 226 and 227 of the Constitutio...

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Bombay High Court Dismisses Third Party Impleadment Application in Partnership Suit — Assignment of Right to Sue Does Not Confer Right to Be Substituted as Party Without Leave of Court Under Order 22 Rule 10 CPC.

The present Chamber Summons was taken out by third party applicants, MahHill Properties Pvt. Ltd. and another, seeking impleadment as party defendants...

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Bombay High Court Allows Anticipatory Bail in Cheque Dishonour Case — Applicants Granted Pre-Arrest Bail. No Prima Facie Case Under Section 138 of Negotiable Instruments Act, 1881 Made Out Against Applicants.

The judgment pertains to two anticipatory bail applications filed under Section 438 of the Code of Criminal Procedure, 1973. The applicants in Crimina...

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Supreme Court Clarifies Law on Dividend in Liquidation Under Section 2(6A)(c) of Income-tax Act, 1922. Distribution on Liquidation Attributed to Accumulated Profits to be Determined on the Basis of Accumulated Profits Immediately Before Liquidation.

The respondent company was placed under voluntary winding up by resolution dated August 23, 1952. Its paid-up capital was Rs. 25 lakhs and accumulated...

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Bombay High Court Dismisses Petitions Challenging Transfer of Employees from Municipal Corporation to State Government. Transfer of employees under Section 451 of Mumbai Municipal Corporation Act, 1888 held valid as in public interest and for better administration.

The judgment involves multiple writ petitions filed by employees of the Brihanmumbai Municipal Corporation (BMC) challenging their transfer to the Sta...