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Bombay High Court Dismisses Promoter's Appeal in RERA Delayed Possession Case, Upholds Allottees' Right to Interest. Section 18 of RERA Overrides Section 55 of Contract Act; Acceptance of Delayed Possession Does Not Waive Right to Compensation.

The case involves a Second Appeal filed by CCI Projects Private Limited (the promoter) against the judgment of the Maharashtra Real Estate Appellate T...

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High Court Dismisses Writ Petition Seeking Compensation for Land Acquired by BDA, Filed by Agreement Holder. Agreement Executed After Preliminary Notification Held Void; Suppression of Civil Suit and Lack of Title Preclude Compensation.

The petitioner, claiming to be an agreement holder in respect of certain lands notified for acquisition by the Bangalore Development Authority for the...

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Bombay High Court Adjudicates Writ Petition Filed by Builder Challenging Sealing of Property Under Enemy Property Act, 1968. Court Examines Legality of Order Passed by Deputy Secretary and Custodian After Earlier Withdrawal of Enemy Property Proceedings.

The petitioner, a partnership firm engaged as builder and developer, filed a writ petition under Article 226 of the Constitution of India challenging ...

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Supreme Court Upholds Death Sentence of 26/11 Terrorist in Mumbai Attacks Case. Court Dismisses State's Appeal Against Acquittal of Co-Accused Due to Insufficient Evidence, Finding No Perversity in Trial Court's Decision.

The Supreme Court dealt with appeals arising from the 26/11 Mumbai terror attacks. The appellant, Mohammed Ajmal Kasab, a Pakistani national, was conv...

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Bombay High Court Full Bench Examines Whether Affidavit Verification Can Bypass Examination Under Section 200 CrPC in Cheque Dishonour Cases under Section 138 NI Act. Reference Made to Reconcile Conflicting Views on Section 145 NI Act's Impact on Summary Trial Procedure.

The Bombay High Court was seized of a reference to a Full Bench arising from Criminal Writ Petition No. 2523 of 2010, filed by the accused (Chief Fina...

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Bombay High Court Upholds Constitutional Validity of MVAT Provisions on Input Tax Credit Reversal for Capital Goods Sold as Scrap. Section 48(5) of MVAT Act, 2002 and Rule 58A of MVAT Rules, 2005 held intra vires the Constitution and not ultra vires the parent Act.

The judgment concerns a batch of writ petitions filed by various companies challenging the constitutional validity of Section 48(5) of the Maharashtra...