Contract Law

This was a Case where Supreme Court considered the issue pertaining to forfeiture of earnest money deposited under Bids in case where DDA fetched 3 times higher price for property in reauction of the same property. The Principle under Indian Contract Act with regard to Actual Loss for damage claim was upheld

Debt Recovery Law

Delhi High Court in a recent Ruling in the above Case held that Debt Recovery Tribunals cannot issue warrant of arrest despite non -appearance on issuance of summons as issuance of warrant of arrest is beyond jurisdiction. For non-appearance on issuance of summons, the Tribunal can decide the matter ex parte and there is no power vested in the Tribunal to compel or enforce attendance of the defendant at the stage of adjudication on the claim under section 19 of the RDDBFBI Act.

HARYANA VAT LAW

Honable Punjab and Haryana High Court has upheld the levy of VAT of developers so long there is contract between developer and the purchaser and construction activity undertaken on behalf of purchaser by the developer after entering into the contract. The Hon’able High Court settled the question of law after analyzing the detailed legislative history and judicial precedents including Honable Apex Court Ruling in M/s Raheja & M/s L&T matters.

"We strive to Deliver Value for your Trust"