Topic
The Bombay HC held that a promoter may terminate an allotment for non-payment of stamp duty under RERA, setting aside Maha RERA and Appellate Tribunal orders. It directed refund of Rs.12.3 lakh with interest at SBI MCLR+2% from July 2016, affirming that payment of statutory charges is a condition precedent to the allottee's rights.
The Calcutta High Court ruled that an insufficiently stamped agreement for sale in a specific performance suit must be impounded under the Indian Stamp Act rather than leading to dismissal of the suit. The court remanded the matter for payment of deficit stamp duty and adjudication on merits, clarifying that stamp deficiency is a curable procedural defect, not a substantive bar to relief.
The West Bengal State Consumer Disputes Redressal Commission dismissed a complaint for deficiency in service, ruling that filing before construction completion is premature and lacks reliable evidence. The ruling underscores that consumer claims under the Consumer Protection Act, 1986, must be substantiated with proof of actual deficiency, not speculative measurements or premature allegations.
The West Bengal State Consumer Commission ruled that a mere inquiry about resale potential, without clear intent to terminate, cannot be construed as contract rescission. This protects buyers from punitive deductions when seeking clarification, reinforcing that contractual remedies must be grounded in unambiguous communication, not speculative correspondence.
Bombay High Court rules that a prima facie breach of an Agreement for Sale disentitles petitioners from interim relief under Section 9 of the Arbitration Act. The court dismissed the petition seeking stay on a redevelopment agreement, emphasizing the necessity of contractual compliance for interim protection.
The Bombay High Court has ruled that an unregistered Agreement for Sale cannot extinguish a pre-existing landlord-tenant relationship, even if possession is claimed under Section 53A of the Transfer of Property Act. This clarifies that registration is mandatory for equitable ownership claims, preserving tenants' rights against speculative sales agreements and reinforcing procedural safeguards in property transactions.
Bombay HC reaffirms that a licensee's possession rights terminate upon license expiry, even if an Agreement for Sale was executed during the license period. The court held that the licensee must vacate the premises and seek independent remedies for the Agreement, reinforcing the distinction between licensee and tenant rights under the Maharashtra Rent Control Act.
Kerala High Court holds that oral agreements extending limitation period for specific performance can be considered at trial, overturning plaint rejection under Order VII Rule 11 CPC.