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Supreme Court Allows Refund of Premium for Unutilized FSI in Land Development Case — Absence of Statutory Bar Permits Refund When Privilege Not Availed. Appellants Paid Premium for Extra FSI but Abandoned Project; Court Held Retention of Premium Without Benefit Amounts to Unjust Enrichment.

The appellants, Prasad Pandurang Tapkir and Shakuntala Pandurang Tapkir, owned agricultural land in Survey No. 103/2/2 of Alandi Taluka, Pune District...

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Bombay High Court at Goa Quashes FIR in Cheating Case Due to Civil Nature of Dispute — Ingredients of Section 420 IPC Not Made Out. Dispute over property co-ownership and sale deeds held to be purely civil, not criminal, warranting quashing of FIR under Section 482 CrPC.

The petitioner, Mr. Jit Vinayak Arolkar, filed a criminal writ petition under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of...

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Supreme Court Dismisses Petition Challenging OROP Policy Implementation for Ex-Servicemen. Periodic Revision Every Five Years Upheld as Not Arbitrary Under Articles 14 and 21 of the Constitution of India.

The dispute arose from a petition under Article 32 of the Constitution challenging the implementation of the One Rank One Pension (OROP) policy for ex...

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High Court of Karnataka Dismisses Appeal in Suit for Permanent Injunction — Concurrent Findings of Fact Not Interfered With. Court holds that findings of fact recorded by courts below based on evidence cannot be disturbed in appeal under Section 96 CPC unless perverse or contrary to material on record.

The case involves a Regular First Appeal filed by the defendants (appellants) against the judgment and decree dated 30.09.2010 passed by the Senior Ci...

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Bombay High Court Quashes FIR Against Bank for Alleged Criminal Breach of Trust Due to Branch Closure Without Notice. Closure of bank branch without prior notice does not constitute criminal breach of trust under Sections 406, 409 IPC as there is no dishonest misappropriation of deposits.

The applicant, Wainganga Krishna Gramin Bank, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking qu...