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Bombay High Court Dismisses Promoter's Appeal in RERA Delayed Possession Case, Upholds Allottees' Right to Interest. Section 18 of RERA Overrides Section 55 of Contract Act; Acceptance of Delayed Possession Does Not Waive Right to Compensation.

The case involves a Second Appeal filed by CCI Projects Private Limited (the promoter) against the judgment of the Maharashtra Real Estate Appellate T...

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Bombay High Court Allows Promoter's Appeal in RERA Case, Holding That Acceptance of Delayed Possession Without Protest Does Not Waive Right to Interest Under Section 18 of RERA. Statutory Right to Interest Under RERA Cannot Be Waived by Mere Acceptance of Possession Without a Clear Agreement.

The case involves a Second Appeal filed by CCI Projects Private Limited (the promoter) against an order of the Maharashtra Real Estate Appellate Tribu...

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Supreme Court Allows Appeal in Specific Performance Case — Delay in Deposit of Balance Sale Consideration Condoned. The court held that the conditional decree was satisfied by deposit under court orders, and the judgment-debtor's right to rescind was lost as he did not seek rescission before deposit.

The appellant, filed a suit for specific performance of an agreement for sale of 3.75 acres of land dated 14.11.2011, wherein the respondent, agreed t...

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Supreme Court Allows Insurer's Appeal in Motor Accident Claim — Liability Shifted Back to Owner for Breach of Policy Condition. Vehicle Used for Religious Tour to Nepal Without Valid Permit Constitutes Fundamental Breach of Insurance Policy Under Section 149(2)(a)(i)(c) of Motor Vehicles Act, 1988.

The appeal arises from a motor accident claim where a vehicle bearing registration CG/07-LP/0342, owned by Durg Roadways Private Limited, was involved...

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Bombay High Court Dismisses Writ Petition Challenging Arbitral Tribunal's Jurisdictional Order as Not Maintainable. Remedy Lies Under Section 34 of Arbitration and Conciliation Act, 1996 After Final Award.

The petitioner, Tirupati Shopping Centre Premises Co-op. Society Limited, filed a writ petition under Articles 226 and 227 of the Constitution of Indi...

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Bombay High Court Dismisses Second Appeal in Mortgage Recovery Suit — No Substantial Question of Law Arises. Transfer of Mortgage Rights Requires Proper Registration Under Section 17 of Registration Act, 1908.

The appellant, Milagres Sales Coutinho, filed a second appeal before the Bombay High Court at Goa challenging the judgment and order dated 22.06.2012 ...

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Bombay High Court Allows Appeal for Enhanced Compensation in Motor Accident Claim — Deceased Carpenter's Income Assessed at Rs. 2,500 per Month with Multiplier of 18. Loss of Dependency Calculated at Rs. 3,60,000 with Additional Awards for Consortium and Funeral Expenses.

The appellants, the widow and minor daughter of the deceased Ambardas Bhoyar, filed a claim petition under the Motor Vehicles Act, 1988, seeking compe...