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WRIT PETITION NO.1930 OF 2011

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Supreme Court Dismisses Developer's Appeals in Consumer Dispute Over Delayed Housing Project. Developer's liability to refund allottees upheld due to breach of construction timeline under Tripartite Agreement, with consumer fora jurisdiction affirmed despite arbitration clause.

The dispute arose from a housing project named 'Pride Asia' in Chandigarh, where the Chandigarh Housing Board (CHB) was appointed as the nodal agency ...

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Bombay High Court Grants Unconditional Leave to Defend in Commercial Summary Suit for Recovery of Rs.1 Crore Based on Negotiable Instrument. Triable Issues Raised Regarding Consideration and Liability of Defendants Under Order XXXVII CPC.

The plaintiff, Parag Jyotindra Gandhi, filed a commercial summary suit against the defendants, Jayant Narendra Mehta and Others, to recover a sum of R...

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Bombay High Court Dismisses Son's Petition Challenging Tribunal Order to Vacate Mother's Tenement Under Senior Citizens Act. Mother's right to reside in her own property upheld against son's claim of ownership.

The case involves a writ petition filed by Suryakant Kisan Pawar, the son of respondent No.2, Smt. Kusum Kisan Pawar, a senior citizen. The mother own...

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Supreme Court Reverses High Court Judgment in SARFAESI Act Case Due to Non-Compliance and Limitation. Bank's Auction Sale Upheld as Borrower's Challenge Was Time-Barred and Requests Did Not Trigger Statutory Obligations Under Section 13(3A) of SARFAESI Act, 2002.

The dispute arose from proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SAR...

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Bombay High Court Dismisses Petition Challenging No Objection Certificate for Society Redevelopment. Circular dated 3rd January 2009 under Section 79A of Maharashtra Co-operative Societies Act, 1960 held not mandatory but directory.

The Petitioner, a member of Navbharatiya Bhavan (1) Co-op. Hsg. Soc. Ltd., challenged the order dated 1st November 2014 granting a No Objection Certif...

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Bombay High Court Dismisses Developer's Interim Application in Development Agreement Dispute — Prima Facie Case Not Made Out as Agreement Was Terminated for Non-Performance. Specific Performance Claim Requires Trial; No Irreparable Loss Shown.

The Plaintiffs, Shantilal J. Shah and others, filed a suit seeking a declaration that a Development Agreement dated 25th September 2007 and an Irrevoc...