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Bombay High Court Dismisses Review Petition by State of Maharashtra Against Consent Order in Writ Petition — Concession by Government Advocate Binding on State. The court held that the State cannot resile from a concession made by its advocate, as it would be an abuse of process.

The judgment pertains to a Review Petition filed by the State of Maharashtra seeking review of an order dated 13/12/2019, which disposed of Writ Petit...

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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 Dismisses Developer's Appeals in Consumer Disputes Over Delayed Flat Possession -- NCDRC Orders Upheld for Completion, Compensation, and Costs Under Consumer Protection Act

The Supreme Court addressed three civil appeals arising from NCDRC orders in consumer complaints filed by flat buyers against Parsvnath Developers Ltd...

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Bombay High Court Partly Allows Appeal in Specific Performance Suit, Orders Refund of Earnest Money with Interest. Plaintiff failed to prove readiness and willingness, but defendants cannot forfeit earnest money without proof of loss.

The original plaintiff filed a suit for specific performance of an agreement to sell dated 20.02.2008 in respect of a suit property admeasuring 70,000...

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Bombay High Court Allows Writ Petition by Mutual Fund Against Sales Tax Reassessment Orders — Holds Mutual Fund Not a Dealer Under MVAT Act, 2002. Reassessment Proceedings Initiated Beyond Limitation Period and Without Proper Sanction Are Invalid.

The petitioner, Axis Mutual Fund, filed a writ petition under Article 226 of the Constitution of India challenging several orders passed by the sales ...

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Bombay High Court Dismisses Appeal in Specific Performance Suit — Agreement Not Proved and Time Not Essence. Plaintiff failed to establish execution of agreement for sale and readiness and willingness to perform, leading to dismissal of suit for specific performance.

The appellant, Shaikh Hidayat, filed a suit for specific performance of an agreement for sale of property admeasuring about 11920 sq. mtrs. at Borda, ...

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Bombay High Court Dismisses Revenue's Appeal in Income Tax Case Regarding Advance Receipts and Expenditure Recognition for Holiday Scheme. Tribunal's order upheld as no substantial question of law arises from the Commissioner's revision under Section 263 of the Income Tax Act, 1961.

The case involves two appeals by the Revenue (Commissioner of Income Tax-7) against the order of the Income Tax Appellate Tribunal dated 16th March 20...

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Bombay High Court Dismisses Suit for Specific Performance of Agreement for Sale of Shop Due to Failure to Prove Valid and Concluded Contract. Plaintiff failed to establish that the agreement was final and binding, and the suit was barred by limitation.

The plaintiff, Shriram Gangaram Gupta, filed a suit in 1980 seeking a declaration that there was a valid and concluded agreement with Defendants Nos. ...