Topic
The Delhi High Court held that a tenant’s unequivocal denial of the landlord-tenant relationship triggers forfeiture under Section 111(g) TPA, overcoming the Section 50 DRC Act bar. The decision lets landlords regain possession on repayment of the security deposit, impacting tenants who deny the tenancy.
The NCDRC held that developers cannot forfeit more than 10% of the basic sale price as earnest money, directing Experion Developers to refund the excess amount paid by homebuyers with interest. The ruling protects consumers from unfair forfeiture clauses in real estate agreements and sets a benchmark for similar disputes across India.
The Karnataka High Court has ruled that seized funds must be returned upon acquittal, even if temporarily transferred under interim orders, because confiscation without a conviction violates the presumption of innocence and the statutory framework under BNSS. This sets a critical precedent for all accused persons whose property is seized during investigation, ensuring financial restitution as a right, not a privilege.