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High Court of Karnataka Allows Appeal in Credit Card Recovery Suit — Reduces Usurious Interest Rate of 2.5% per Month Compounded Monthly to 6% per Annum Simple. Contractual interest held unconscionable and against public policy under Section 34 CPC.

The appellant, B. Gopa Kumar, was a credit card holder of Canara Bank (respondent) and was issued a Cancard-Visa card in 1998. He defaulted on payment...

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Bombay High Court Examines Arbitrability of Disputes Between Developer and Non-Signatory Member of Cooperative Society Under Development Agreement. Issue Involves Permissibility of Invoking Arbitration Clause Against Dissenting Member Not Party to Agreement.

The dispute arose from the redevelopment of a cooperative society's building in Mumbai. The applicant, a developer, entered into a Development Agreeme...

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Bombay High Court Hears Petition Against Coercive Recovery of Service Tax Without Adjudication, Examining Scope of Section 73 of Finance Act, 1994. The Court Considers Whether Revenue Can Take Steps Under Section 87 Absent Determination of Tax Liability Through Statutory Adjudication Process.

The petitioner, ICICI Bank Ltd., a scheduled bank, challenged a communication dated 25/3/2015 issued by the Service Tax authorities demanding interest...

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Supreme Court Allows Appeals in Money Suit Recovery Case — High Court Order for Refund of Anticipatory Bail Amount Set Aside. Full and Final Settlement Not Proved by Oral Evidence Alone When Banking Transactions Admitted.

The appellant, Anita Rani, filed two money suits against the respondents for recovery of amounts allegedly lent or misappropriated. The first suit sou...

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Bombay High Court Quashes Deficit Stamp Duty Demand in Development Agreement Case — Delay and Lack of Speaking Order Render Proceedings Invalid. Section 33A of Maharashtra Stamp Act, 1958 invoked after 10 years without proper application of mind; order set aside.

The Petitioner, Axayraj Buildwell Pvt. Ltd. (now Moongipa Realty Pvt. Ltd.), a developer, entered into a Development Agreement with D.N. Nagar Shree A...

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Bombay High Court Allows Compromise Between Plaintiffs and Defendant Nos.8-11 in Property Suit — Consent Terms Accepted Despite Objections from Other Defendants. Partial Settlement Under Order XXIII Rule 3 CPC Does Not Affect Rights of Non-Settling Defendants Who May Continue to Contest the Suit.

The suit was filed by 35 plaintiffs seeking a declaration that they are purchasers of certain property. The matter was listed for settlement as the pl...