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Supreme Court Allows Appeal in Consumer Dispute Over Redevelopment Agreement — Limitation Period Not to Defeat Substantive Right. Continuing Cause of Action Recognized Where Parties Were in Ongoing Negotiations and Escrow Agent Released Flats Only in December 2018.

The appeal arises from a consumer complaint filed by tenants (appellants) against a partnership firm (respondents) concerning a redevelopment project ...

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High Court of Karnataka Directs Re-Hearing in PIL on Park Land Encroachment Due to Violation of Natural Justice. Undertakings Recorded for Park Development and Slum Rehabilitation Under Karnataka Slum Areas Act; Review Petitions Allowed, Matter Restored for Fresh Adjudication.

The petitioner, a federation of residents' welfare associations, filed a public interest litigation in 2006 alleging encroachment on approximately 3 a...

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Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice. Service of notice under Section 138 of the Negotiable Instruments Act, 1881 must be at the correct address; notice sent to a closed office address is invalid.

The petitioners, Mukeshbhai Balabhai Patel and his wife Ranjanben, filed a writ petition under Article 226 of the Constitution of India read with Sect...

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Bombay High Court Dismisses Suit for Specific Performance with Exemplary Costs for Suppression of Facts and Forum Shopping. Plaintiffs failed to disclose prior pending suit and obtained ex parte orders by misrepresentation, leading to dismissal and costs of Rs. 5 lakhs.

The plaintiffs, Anand Agarwal and Pramila Anand Agarwal, filed a Commercial Suit No. 614 of 2017 before the Bombay High Court seeking specific perform...

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Bombay High Court Dismisses PIL Seeking Shelter for Senior Citizen Under Urban Land Ceiling Act — No Legal Right to Allotment from Developer's Excess Land. Petitioner Failed to Establish Any Enforceable Right Against Private Developer Under the Urban Land (Ceiling and Regulation) Act, 1976.

The petitioner, Surjit Kaur Hundal, a senior citizen claiming to belong to the weaker section of society and without shelter in Maharashtra, filed a w...

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Bombay High Court Dismisses Appeal Against Refusal to Set Aside Ex-Parte Decree in Specific Performance Suit — Appellants Failed to Show Sufficient Cause for Non-Appearance Despite Service of Summons.

The case arises from a suit for specific performance of a contract filed by the respondent/plaintiff against the appellants/defendants. The trial cour...