Search Results for "builder's lien"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Dismisses Appeal in Compulsory Retirement Case Based on Declining ...
Supreme Court Upholds High Court's Determination that Non-Signatory to MoS Not B...

Search Results for "builder's lien"

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Supreme Court

Supreme Court Dismisses Bank's Appeal in Insolvency Case — Holds Dispute Predominantly Contractual, Not a Straightforward Financial Debt Default Under IBC. The Court ruled that where loan disbursement is made directly to a builder under a quadripartite agreement and the corporate debtor's obligations are intertwined with the builder's performance, the transaction does not constitute a simple financial debt under Section 7 of the Insolvency and Bankruptcy Code, 2016.

7 May 2026

The Supreme Court dismissed the appeal filed by Dhanlaxmi Bank Limited against the order of the National Company Law Appellate Tribunal (NCLAT) which ...

Supreme Court

Supreme Court Partially Allows Builder's Appeal in Consumer Dispute Over Forfeiture of Earnest Money — Reduces Forfeiture from 20% to 10% of Basic Sale Price. Court upholds NCDRC's power to strike down unconscionable contractual terms but modifies interest rate and forfeiture percentage based on facts.

10 Feb 2025

The present appeal arises from a consumer complaint filed by the respondents (buyers) against the appellant (builder, Godrej Projects Development Limi...

High Court

High Court of Karnataka Allows Writ Petition Seeking Defreezing of Bank Account — Bank Cannot Freeze Account Based on Third Party Letter Without Legal Authority. HDFC Bank directed to defreeze account of former employee based on unsubstantiated allegations of misappropriation by IBM Solutions Private Limited.

11 Jan 2024

The petitioner, Sri Prasanna Kumar Dixit, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction to the HDF...

High Court

Bombay High Court Allows Interim Application for Impleadment in Writ Petition Concerning Demolition of Building — Applicant Claims Ownership of Flat and Seeks to Protect Possession. The court held that the applicant has a direct interest in the property and should be heard before any order affecting his rights is passed.

13 Dec 2023

The judgment pertains to an interim application filed by Nagesh Madhava Suvarna seeking impleadment in a pending writ petition. The writ petition was ...

High Court

Bombay High Court Allows Petition Seeking Release of Mortgage Documents After Full Loan Repayment, Rejects Bank's Claim of General Lien. The court held that a bank cannot retain title deeds deposited as security for a specific loan after full repayment on the ground of other debts, as the general lien under Section 171 of the Indian Contract Act, 1872 does not extend to such documents.

25 Aug 2022

The petitioner, M/s F.A. Construction, a partnership firm, had availed a loan of Rs. 98,00,000 from Andhra Bank (now Union Bank of India) under the St...

Supreme Court

Supreme Court Orders Forensic Audit and Status Quo in Real Estate Project Dispute Over Fund Siphoning Allegations. The Court Approved Forensic Audit Findings That the Amrapali Group Controlled the La-Residentia Project and Diverted Buyer Funds, Leading to Interim Relief for Apartment Buyers Under Writ Petition (Civil) No. 940 of 2017.

29 Jun 2022

The Supreme Court of India, in a civil original jurisdiction matter, addressed a dispute concerning the Amrapali La-Residentia real estate project. Th...

High Court

Bombay High Court Dismisses Society's Section 9 Petition for Possession and Injunction Against Developer in Redevelopment Dispute. Court Holds That Disputed Questions of Title and Possession Cannot Be Decided in Summary Proceedings Under Section 9 of the Arbitration and Conciliation Act, 1996.

15 Mar 2021

The judgment concerns two competing petitions under Section 9 of the Arbitration and Conciliation Act, 1996, filed by Rajawadi Arunodaya Co-operative ...

Supreme Court

Supreme Court Allows Appeals Against Rejection of Plaint Under Order 7 Rule 11 CPC in Mortgage Dispute Between Flat Purchasers and Bank. The court held that a civil suit seeking declaration that a mortgage is not valid and for specific performance of an agreement to purchase flats is not barred under Section 34 of the SARFAESI Act, as the reliefs are outside the jurisdiction of the DRT.

1 Jul 2019

The Supreme Court considered appeals against a common judgment of the Bombay High Court which had allowed notices of motion filed by Axis Bank Ltd. (r...

High Court

WRIT PETITION NO. 957 OF 2013

6 Jan 2017

The petitioners, retired employees of the Mumbai Municipal Corporation, along with other slum dwellers, filed writ petitions under Article 226 of the ...

High Court

Bombay High Court Dismisses Appeal Against Injunction in Property Dispute Over Development Rights — Agreement for Sale Not Enforceable Without Registered Conveyance Deed.

30 Nov -0001

The appeal arises from a suit filed by the original plaintiff, Smt. Nirmala Dhandukhlal Thakkar, seeking a permanent injunction restraining the appell...

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