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Supreme Court Allows Appeal in Insurance Claim Case — Delay in Intimation Not a Breach of Policy Condition. Notice Given Next Day After Night Accident Satisfies 'Immediate' Requirement Under Policy Condition 1.

The appellant, Kamlesh, owned a truck that was damaged in a fire accident occurring in the night intervening 1st and 2nd June 2009. He raised an insur...

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Supreme Court Holds Order VIII Rule 6A CPC Mandatory for Filing Counterclaim Before Written Statement. Counterclaim Filed After Written Statement Is Not Permissible as Provision Imposes Embargo on Belated Filing.

The Supreme Court of India, in a three-judge bench, addressed a reference regarding the interpretation of Order VIII Rule 6A of the Code of Civil Proc...

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Bombay High Court Dismisses Builder's Appeal in RERA Interest Case for Delayed Possession. Builder directed to pay interest at SBI MCLR plus 2% from 1 January 2018 till possession for delay in handing over flats in slum rehabilitation project.

The case involves a Second Appeal filed by Era Realtors Private Limited (Appellant) against the judgment of the Maharashtra Real Estate Appellate Trib...

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Bombay High Court Dismisses Promoter's Appeal in RERA Case — Force Majeure Clause Cannot Override Statutory Right to Interest Under Section 18 of RERA Act. Promoter Liable to Pay Interest for Delayed Possession Even if Delay Due to Events Beyond Control.

The case involves an appeal filed by Sanvo Resorts Pvt. Ltd. & Ors. (the promoter/developer) under Section 58 of the Real Estate (Regulation and Devel...

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Bombay High Court Allows Petition Against Customs for Demurrage Charges Due to Delay in Assessment. Customs Department Directed to Bear Warehousing Charges for Inordinate Delay in Finalising Assessment of Imported Goods.

The petitioner, Apollo Paper Mills Ltd., imported second-hand machinery from the UK in 1995 to set up a paper manufacturing unit in Gujarat, seeking c...

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High Court of Karnataka Dismisses Applications for Appointment of Arbitrator in Pending Suits Under Section 8 of Arbitration Act. Court holds that Section 8 of the Arbitration and Conciliation Act, 1996 applies only before filing of first statement on substance of dispute, not to pending suits.

The petitioner, HMT Watches Ltd., filed writ petitions under Articles 226 and 227 of the Constitution of India challenging the orders passed by the Pr...

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Bombay High Court Quashes Criminal Proceedings in Central Excise Case Due to Inordinate Delay and Lack of Sanction. Prosecution for Alleged Removal of Scrap Resistors Without Payment of Duty Fails as Complaint Filed After 4 Years and Sanction Under Section 9 of Central Excise Act, 1944 Not Obtained.

The judgment concerns two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of Criminal Case No....