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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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Bombay High Court Dismisses SEZ Developer's Petition for Octroi Exemption and Refund. State SEZ Policy Exemption Not Enforceable Against Municipal Corporation Without Statutory Amendment.

The petitioner, EON Kharadi Infrastructure Pvt. Ltd., a Special Economic Zone (SEZ) developer, sought exemption from octroi and refund of octroi paid ...

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High Court of Karnataka Dismisses Appeal Challenging Disqualification of DCC Bank Director Under Karnataka Co-operative Societies Act, 1959. Disqualification for Default in Loan Repayment Upheld as Per Section 29C(1)(b) of the Act.

The appellant, Sri R.M. Manjunath Gowda, was a director and president of the Shimogga District Central Co-operative Bank (DCC Bank). He had taken a lo...

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Supreme Court Allows Appeals of Housing Board Against High Court Order Directing Arbitration Tribunal to Entertain Fresh Claim Despite Prior Arbitral Award. Principle of Issue Estoppel and Finality of Award Under Arbitration Act, 1996 Applied.

The case involves three civil appeals by the Madhya Pradesh Housing and Infrastructure Development Board against a common judgment of the Madhya Prade...

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Supreme Court Allows Appeal by Housing Board Against Quashing of Layout Plan Modification. Statutory Modification of Layout Plan Not Subject to Promissory Estoppel When Procedure Followed Under Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973.

The case involves an appeal by the Madhya Pradesh Housing and Infrastructure Development Board against a High Court judgment that quashed the modifica...

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Supreme Court Restores Concurrent Findings of Fact in Property Dispute, Sets Aside High Court's Interference Under Section 100 CPC. High Court Exceeded Jurisdiction by Reappreciating Evidence and Holding Unregistered Partition List Inadmissible Without Considering Collateral Use.

The Supreme Court allowed the appeal filed by the original defendants, setting aside the High Court's judgment and restoring the concurrent findings o...

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Bombay High Court Sets Aside Order Rejecting Father's Custody Application in Hindu Marriage Act Case Due to Erroneous Application of Estoppel. Custody Orders Are Always Modifiable Based on Change in Circumstances Under Section 13(1)(ib) of Hindu Marriage Act, 1955.

The appellant, Tushar @ Darshan Sham Patil, filed an appeal against the order of the learned District Judge-1, Shahada dated 14.10.2013, which rejecte...

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Bombay High Court Allows Second Appeal in Property Dispute — Restores Trial Court's Decree of Declaration of Ownership and Injunction. First Appellate Court's Reversal Set Aside for Improper Appreciation of Evidence Under Section 100 of Code of Civil Procedure, 1908.

The case involves a second appeal filed by the original defendants (appellants) against the judgment and decree of the first appellate court, which re...