Search Results for "development agreements"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Search Results for "development agreements"

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Supreme Court

Supreme Court Allows Appeals in Specific Performance Suit — Agreement to Sell BDA Allotted Site Within Prohibited Period Held Unlawful. Court sets aside decree for specific performance as the agreement violated Rule 18(2) of the Bangalore Development Authority (Allotment of Sites) Rules, 1972, which prohibited alienation for ten years.

18 Jan 2022

The case involves a suit for specific performance of an agreement to sell a site allotted by the Bangalore Development Authority (BDA). The first defe...

High Court

Bombay High Court Allows Refund of Service Tax on Onsite Work at Customer's Premises Under Export of Service Rules, 2005. The court held that onsite work at customer's premises abroad qualifies as 'Service Provided from India' under Rule 3(2)(a) of the Export of Service Rules, 2005, and the appellants are entitled to refund of service tax paid.

15 Sep 2014

The case involves appeals by Tech Mahindra Limited and other assessees against the order of the Customs, Excise and Service Tax Appellate Tribunal (CE...

High Court

High Court of Bombay Considers Constitutional Validity of Section 41D of Bombay Sales Tax Act Inserted by Maharashtra Act XVI of 1995. Petitioners Challenge Retrospective Withdrawal of Sales Tax Deferral Incentives Under Package Scheme of Incentives, 1983, as Ultra Vires Constitution and Violative of Promissory Estoppel.

20 Aug 2016

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High Court

Bombay High Court Grants Interim Relief to Developer in Redevelopment Dispute — Restrains Cooperative Society from Terminating Letter of Intent Pending Arbitration. Termination of Development Agreement Found Prima Facie Invalid Under Section 9 of Arbitration & Conciliation Act, 1996.

16 Dec 2021

The petitioner, Kalpataru Ltd, a real estate development company, filed a petition under Section 9 of the Arbitration & Conciliation Act, 1996, seekin...

High Court

Karnataka High Court Quashes RERA Authority's Refund Order Against Builder for Lack of Jurisdiction as Project Was Completed Before RERA Act Came Into Force. The Court held that the Real Estate (Regulation and Development) Act, 2016 applies only to ongoing projects where completion certificate is not issued, and since partial occupancy certificate was issued prior to the Act, the complaint was not maintainable and the order was without jurisdiction.

2 Jan 2023

The case arose from a writ petition filed under Articles 226 and 227 of the Constitution of India by M/s Provident Housing Limited, a real estate deve...

High Court

High Court of Karnataka Reserves Order on Petitions to Quash FIRs in Joint Development Project Dispute. Petitions Challenge Three Separate Criminal Proceedings for Breach of Agreement, Cheating, Forgery, and Bribery in Procurement of Occupancy Certificate for Residential Villa Project.

5 Apr 2024

The High Court of Karnataka heard three criminal petitions filed by Sri Aditya Kankaria, a director of M/s KSM Niketan Pvt. Ltd., seeking quashing of ...

High Court

Bombay High Court Allows Arbitration Appeal in Joint Development Dispute — Agreement for Sale Contains Arbitration Clause. MoU and Allotment Letter Held Interlinked with Main Agreement, Not Separate Contracts, Hence Disputes Referable to Arbitration Under Section 8 of Arbitration and Conciliation Act, 1996.

11 Nov 2024

The Appellants (BKS Galaxy Realtors LLP and others) filed an Arbitration Appeal under Section 37 of the Arbitration and Conciliation Act, 1996, challe...

Supreme Court

Supreme Court Upholds Karnataka Electricity Regulatory Commission's Order Imposing Liquidated Damages and Tariff Reduction in Solar Power Project Dispute. The court held that the Scheduled Commissioning Date was 16.10.2017, and since injection of power into the grid occurred on 17.10.2017, the projects were delayed, justifying penalties under the Power Purchase Agreement.

3 May 2021

The appeals arose from a judgment of the Appellate Tribunal for Electricity, which reversed an order by the Karnataka Electricity Regulatory Commissio...

Supreme Court

Supreme Court Allows Appeals of Flat Buyers Against Developer for Delayed Possession, Holds Unilateral Compensation Clause Unfair. Developer's stipulation of Rs 5 per sq ft per month as liquidated damages for delay held inadequate and unconscionable; flat buyers entitled to compensation at 6% per annum on amounts paid.

24 Aug 2020

The case involves appeals by 171 flat buyers against the dismissal of their consumer complaint by the National Consumer Disputes Redressal Commission ...

High Court

Bombay High Court Dismisses Petition to Restrain Invocation of Bank Guarantee in Airport Development Contract Dispute. Court holds that bank guarantee is an independent contract and can be invoked only in case of breach, but no prima facie case of fraud or irretrievable injustice established.

29 Nov 2012

The petitioner, Housing Development and Infrastructure Limited (HDIL), filed an arbitration petition under Section 9 of the Arbitration and Conciliati...

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