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HARISH TANDON, PRASENJIT BISWAS
Deepak Mawandia – Appellant
Versus
Shree RSH Projects Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. jurisdiction and competence (Para 1) |
| 2. ex-parte ad interim order (Para 2) |
| 3. specific performance of agreement (Para 3) |
| 4. three golden parameters (Para 4 , 5) |
| 5. powers of the authority (Para 6) |
| 6. jurisdiction in relation to subject matter (Para 7) |
| 7. specific performance and rera (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 8. appeal allowed (Para 26 , 27 , 28) |
JUDGMENT :
1. The instant appeal raises an important issue striking at the jurisdiction and competence of the Civil Court in entertaining the dispute, the redressal whereof is provided in a Special Act, though not taken before it but discernible from the averments made in the plaint as well as the application for temporary injunction filed before the Civil Court. The point urged before us was neither put forth before the Trial Court nor argued at the behest of the plaintiff-respondent but is taken before us by the defendant/appellant, if found to be correct, would exclude the jurisdiction of the Civil Court in entertaining the suit having barred either expressly or by necessary implication.
3. Shorn of unnecessary details, the plaintiff/respondent filed a suit befo
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where there are two or more parties contesting each other's claim and the statutory authority is required to adjudicate the rival claims between the parties, such a statutory authority was held to be....
A civil court is barred from entertaining suits related to matters under the jurisdiction of real estate regulatory authorities as per Section 79 of the RERA Act, ensuring adherence to statutory disp....
The court upheld the requirement for total deposit of compensation and interest before hearing appeals under the Real Estate Act, affirming RERA's jurisdiction over disputes involving landowners as a....
The Act of 2016 has an overriding effect over all other laws, and RERA proceedings should not be stalled due to a dispute between collaborators.
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