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Bombay High Court Allows Refund of Stamp Duty on Cancelled Development Agreement Under Section 47(c)(5) of Maharashtra Stamp Act, 1958. Petitioner entitled to refund as transaction was cancelled before possession and within two years, not covered by Section 48 proviso.

The Petitioner, M/s. Satyam Construction, entered into a Development Agreement on 2 June 2011 with Shri Rajiv Ghule and others for development of land...

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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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Supreme Court Allows Appeal in Damages Suit Under Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 — Civil Court Jurisdiction Not Impliedly Barred. Section 7(4) of the Act Recognizes Concurrent Civil Remedy, Hence Suit for Damages Maintainable.

The appeal arises from a judgment of the Madurai Bench of the Madras High Court which set aside a decree for damages in favor of the appellant, M. Har...

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Bombay High Court Allows Plaintiff's Summary Suit for Recovery of Contractual Payment in Earth Filling Work Dispute. Court holds that plaintiff proved contract and performance, and defendant failed to prove defence of poor quality or inflated claims.

The plaintiff, Mrs. Prabha P. Shenai, carrying on business as a proprietress in civil construction works under the name M/s. Sterling Engineering Co.,...

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Bombay High Court Dismisses Petition by Society Members Challenging Arbitral Award for Lack of Locus Standi. Non-signatories to arbitration agreement cannot challenge award under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioners, who are members of Apsara Co-operative Housing Society Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Ac...

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Bombay High Court Allows Arbitration Petitions, Upholds Arbitrator's Jurisdiction Over Counter-Claim in Partnership Dispute. Arbitration Clause Survives Dissolution of Firm Under Section 16 of Arbitration and Conciliation Act, 1996.

The case involves two arbitration petitions challenging an order of a Sole Arbitrator under Section 16 of the Arbitration and Conciliation Act, 1996, ...