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Supreme Court

Supreme Court Dismisses Builder's Appeal in Consumer Dispute Over Sale Agreement Execution. The court upheld the National Commission's order directing execution of deeds of conveyance, finding the complaints were within limitation under Section 24A of the Consumer Protection Act, 1986, and the purchasers were entitled to relief despite builder's claims of multiple agreements.

23 Mar 2022

The dispute arose from consumer complaints filed by purchasers against a builder for non-execution of deeds of conveyance despite receiving substantia...

Supreme Court

Supreme Court Dismisses Appeal in Specific Performance Suit Under Specific Relief Act 1963 - Upholds Decree for Specific Performance Based on Plaintiff's Readiness and Willingness. The Court affirmed that time was not of the essence, discharge of mortgage was a condition precedent, and the plea under Order II Rule 2 CPC was not raised in the written statement and thus barred.

20 Jan 2022

The appeal arose from a judgment and order dated 7 January 2019 of a Single Judge of the High Court of Judicature at Madras, which dismissed the secon...

Supreme Court

Supreme Court Dismisses Promoter's Appeal in Real Estate Regulation Case, Upholding Authority's Jurisdiction and Pre-deposit Condition. The court affirmed that a single member of the Real Estate Regulatory Authority has jurisdiction to order refunds under Section 18 of the Real Estate (Regulation and Development) Act 2016, and the pre-deposit requirement under Section 43(5) is valid for statutory appeals.

11 Nov 2021

The dispute arose from appeals filed by promoters and real estate developers against orders of the High Court of Allahabad, which had dismissed their ...

Supreme Court

Supreme Court Quashes High Court's Decree in Specific Performance Suit Due to Procedural Lapses and Improper Reliance on Affidavit. First Appellate Court Must Re-appreciate Evidence and Frame Points Under Section 96 read with Order XLI Rule 31 CPC, and Pleadings Cannot Be Altered by Affidavit Without Amendment Under Order VI Rule 17 CPC.

4 Oct 2021

The dispute arose from an agreement for sale of property in Kaspa Coimbatore between the plaintiff and defendant, with the defendant agreeing to sell ...

Supreme Court

Supreme Court Dismisses Estate Officer's Appeals in Leasehold to Freehold Conversion Cases Under Consumer Protection Act. The court held that conversion of leasehold to freehold property for a fee constitutes a service under the Consumer Protection Act, 1986, and refusal based on an internal memo without public notification is arbitrary, violating statutory rules.

7 Sep 2021

The dispute arose from the Estate Officer's refusal to process applications for converting leasehold residential plots to freehold status under the Ch...

Supreme Court

Supreme Court Dismisses Estate Officer's Appeals in Leasehold to Freehold Conversion Dispute Under Consumer Protection Act. The court held that allottees paying conversion fee are consumers under the Consumer Protection Act, 1986, and the Estate Officer's refusal based on an internal memo without public notification was arbitrary under the Chandigarh Conversion of Residential Leasehold Land Tenure into Freehold Land Tenure Rules, 1996.

7 Sep 2021

The dispute arose from the Estate Officer's refusal to convert leasehold residential plots in Chandigarh to freehold under the Chandigarh Conversion o...

Supreme Court

Supreme Court Partially Allows Specific Performance of Sale Agreement Despite Prior Oral Agreement - Vendor's Breach and Bona Fide Purchaser Protection. The court upheld the concurrent findings that the subsequent vendee is entitled to specific performance only of the portion not covered by a prior registered sale deed in favour of a bona fide purchaser without notice under the Specific Relief Act, 1963.

18 Sep 2020

The case involves a dispute over the specific performance of an agreement for sale of land. The Vendor, B. Santoshamma, purchased 300 sq. yards of lan...

Supreme Court

Supreme Court Allows Appeal Against Execution of Arbitration Award as Specific Performance of Agreement for Sale. Arbitration Award Only Fixed Land Price; Executing Court Could Not Direct Sale Deed Execution Beyond Award's Scope.

8 Sep 2020

The Supreme Court allowed the appeal filed by Firm Rajasthan Udyog and its partners against Hindustan Engineering & Industries Ltd. The dispute origin...

Supreme Court

Supreme Court Sets Aside Monetary Demand for Breach of Exemption Conditions Under Urban Land Ceiling Act. The Court Held That the Act Does Not Empower Authorities to Levy Demand as Arrears of Land Revenue; Only Withdrawal of Exemption or Declaration of Land as Excess Is Permissible.

2 Sep 2020

The appellant, Shridhar C. Shetty (deceased through legal representatives), was granted exemption under Sections 20 and 21 of the Urban Land (Ceiling ...

Supreme Court

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.

1 Jan 2020

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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