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Bombay High Court Grants Summary Decree in Favor of Plaintiff for Recovery of Outstanding Amount for Supply of Ready-Mix Concrete. Court holds that defendant failed to appear despite service, and plaintiff established a prima facie case for summary judgment under Order XXXVII of CPC.

The plaintiff, Skyway RMC Plants Pvt. Ltd., instituted a commercial summary suit under Order XXXVII of the Code of Civil Procedure, 1908, for recovery...

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Supreme Court Allows Builder's Appeals in Consumer Cases, Sets Aside Refund Order. Clause 11.4 of Builder-Buyer Agreement Limits Developer's Liability to Refund Only if Agreement is Terminated; Allottees Not Entitled to Refund Without Termination.

The appeals arise from a common judgment of the National Consumer Disputes Redressal Commission (NCDRC) in ten consumer cases filed by allottees again...

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Bombay High Court Allows Appeal Partly, Enhances Interest Rate in Contractual Dispute Due to Unjustified Withholding of Payment by State. Appellant contractor awarded 9% interest instead of 6% for delayed payment under contract with State of Goa.

The appellant, M/s. DECMAE, a construction firm, filed a suit against the State of Goa and the Executive Engineer, Works Division XVII, for recovery o...

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Supreme Court Dismisses Appeals in Specific Performance Case — Buyer's Readiness and Williness Established. Time Held Not of Essence Due to Seller's Conduct in Accepting Delayed Payments and Continuing Negotiations.

The dispute arose from an agreement for sale of immovable property dated 20th January 2005 between the sellers (appellants in CA 3015/2013) and the bu...

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Supreme Court Allows Appeal in Consumer Dispute Over Flat Booking - Reduction of Booking Amount to 15% Upheld as Valid Novation. Developer's Failure to Execute Agreement and Cancellation of Allotment Amounts to Deficiency of Service Under Consumer Protection Act, 1986.

The dispute arose from a residential apartment booked by the appellants, Suman Jindal and another, with the respondent developer, M/s. Adarsh Develope...

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Supreme Court Hears Civil Appeals Concerning Applicability of Interest on Delayed Payments Act to Prior Contracts. The appeals arise from a common question of law regarding the retrospective application of the Interest on Delayed Payment to Small Scale and Ancillary Industrial Undertakings Act, 1993.

The appeals before the Supreme Court arose from a common question of law regarding the applicability of the Interest on Delayed Payment to Small Scale...

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Karnataka High Court Dismisses Employer's Challenge to Provident Fund Damages for Delayed Remittance. Section 14B of Employees' Provident Funds and Miscellaneous Provisions Act, 1952 Imposes Strict Liability Without Requiring Mens Rea.

The petitioner, M/s HMT Limited, a Central Public Sector Enterprise, challenged the order dated 2.1.2004 passed by the Regional Provident Fund Commiss...

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High Court of Karnataka Allows Appeal with Condonation of 7354 Days Delay in Motor Accident Claim — Compensation Enhanced. Claimants' Delay in Filing Appeal Condoned as Sufficient Cause Shown, and Compensation Awarded by Tribunal Enhanced on Merits.

The present appeal was filed under Section 173(1) of the Motor Vehicles Act, 1988, by the claimants (appellants) being dissatisfied with the judgment ...