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Supreme Court Allows Refund of Premium for Unutilized FSI in Land Development Case — Absence of Statutory Bar Permits Refund When Privilege Not Availed. Appellants Paid Premium for Extra FSI but Abandoned Project; Court Held Retention of Premium Without Benefit Amounts to Unjust Enrichment.

The appellants, Prasad Pandurang Tapkir and Shakuntala Pandurang Tapkir, owned agricultural land in Survey No. 103/2/2 of Alandi Taluka, Pune District...

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Bombay High Court Dismisses Writ Petition Seeking Refund of Premium Paid Under ULC Act Government Resolution — Petitioner Cannot Claim Refund After Voluntarily Availing Benefit and Selling Land to Third Parties.

The petitioner, Sudarshan Chemical Industries Ltd., was a beneficiary of an exemption order dated 29 February 1980 under Section 20(1) of the Urban La...

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High Court of Karnataka Enhances Compensation for Accident Victim and Fixes Liability on Insurance Company in Motor Vehicle Accident Case. Claimant sustained grievous injuries due to driver's negligence; Insurance Company held liable as no evidence of invalid license.

The case involves an appeal filed by the claimant under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and award dated 27.06...

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Supreme Court Allows CMDA Appeal in Premium FSI Charges Dispute — Guideline Value Prevailing on Date of Approval Governs Levy. Builder's Application for Additional FSI Does Not Confer Right to Pre-Revised Rate.

The appellant, Chennai Metropolitan Development Authority (CMDA), challenged the judgment of the Division Bench of the Madras High Court which directe...

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Bombay High Court Allows Official Liquidator's Report in Winding Up of Transpower Engineering Ltd. — Holds Sale by Liquidator is Formal Transfer Not Subject to Differential Premium. Court exercises powers under Section 446(2) of Companies Act, 1956 to waive extension charges claimed by MIDC.

The Official Liquidator filed a report seeking directions regarding the sale of two industrial plots allotted by MIDC to Transpower Engineering Ltd. (...

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Bombay High Court Partially Allows Challenge to Arbitral Award in Insurance Dispute — Floater Policy Interpretation Upheld. Court remits issue of loss assessment for reconsideration under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, M/s. Boghara Polyfab Private Limited, had obtained a Fire and Special Perils Policy from the respondent, National Insurance Company Li...