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Supreme Court Upholds Consumer Commission Order Directing Builder to Refund Amount with Interest in Flat Possession Delay Case. Builder's Appeal Dismissed as Subsequent Purchaser Entitled to Interest from Deposit Dates Under Consumer Protection Act, 1986, Despite Force Majeure Claims.

The dispute arose from a consumer complaint filed by the purchaser against the builder for delayed possession of a residential flat. The original allo...

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Bombay High Court Dismisses Second Appeal in Suit for Possession and Mesne Profits — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. The court held that the plaintiff's title as sole heir was established and the defendant failed to prove adverse possession.

The second appeal arose from a suit for possession and mesne profits filed by the original plaintiff (since deceased, represented by legal heirs) agai...

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Bombay High Court Allows Appeal in Income Tax Capital Gains Case — Section 54F Deduction Computation Clarified. Investment in new asset before due date of filing return qualifies for exemption even if return is filed late.

The appellant, Humayun Suleman Merchant, sold a plot of land in Mumbai on 29th April 1995 for Rs.85,33,250/-, resulting in a long-term capital gain. T...

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KAHC010521472015_1

The plaintiff, a company registered under the Companies Act, 1956, engaged in developing resorts and health clubs, entered into an agreement to purcha...

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Bombay High Court Quashes Demolition Notice and Order by MCGM in Alleged Unauthorized Construction Case Finding Malafide Action. The Court held that the works were not in progress and the action under Section 354A of the Mumbai Municipal Corporation Act, 1888 constituted legal malice.

The petitioner, a film actor, purchased a bungalow in Bandra, Mumbai in 2017. In 2018, she carried out a structural audit and sought permission from t...

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High Court of Kerala Considers Substitution of Decree Holder in Execution Proceedings Without Prior Permission from Transferor Court. Dispute Centered on Application of Section 146 CPC and Explanation to Order XXI Rule 16 After Death of Original Decree Holder in Math Succession Litigation.

The proceedings arose from a protracted dispute between a Guru and Shishya concerning the spiritual and temporal administration of Sree Kashi Matha Sa...

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Supreme Court Allows Company's Appeal in Section 630 Companies Act Case — Former Director Must Vacate Property. Company's Right to Recover Property from Erstwhile Officer Upheld Despite Lack of Registered Title.

The Supreme Court allowed the appeal filed by Hooghly Mills Company Ltd. against the judgment of the Calcutta High Court, which had quashed the orders...

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Bombay High Court Allows Appeal by Cooperative Society Against Injunction in Suit for Declaration and Injunction Regarding Corporation Notice Under MMC Act — Held That Trial Court Failed to Consider Prima Facie Case and Balance of Convenience.

The appellant, Jaywant Industrial Premises Co-Operative Society Ltd., was a defendant in L.C. Suit No.825 of 2019 filed by the respondent, Sangeeta Ke...