Several judgments reinforce the importance of legal interpretations in construction contracts, especially regarding the scope of permissible construction activities under environmental and zoning regulations (e.g., CRZ-3 norms) Gujarat Khedut Samaj VS State of Gujarat - Gujarat.
Analysis and Conclusion:
References:
- Supreme Mega Construction LLP v. Symphony CHSL, 2015 Westin Sankalp Developers VS Ajay Sikandar Rana - Bombay
- Supreme Court judgments on construction and cooperative housing societies Maya Developers VS Neelam R. Thakkar - Bombay, Abhanga Samata Co-op. Housing Society Ltd. VS Parag S/O. Arun Binani - Bombay
- Environmental and zoning regulations applicable to construction projects Gujarat Khedut Samaj VS State of Gujarat - Gujarat
Supreme Court in case of Sukanya Holdings (P) Ltd., [2003(3) ALL MR 325 (S.C.))] ... ... 11.2 As observed by the Hon'ble Supreme Court in the case of S. ... The Rule of construction being that every presumption would be made in favour of the existence of a right and remedy in a democratic set-up governed by Rule of law and jurisdiction of the civil courts is assumed. The exclusion would, therefore, normally be an exception. ... The said judgment of the Supreme Court also thus does not assist the applicant but in my view....
See also: Supreme Mega Construction LLP v Symphony CHSL, Notice of Motion (L) No. 2056 of 2014, decided on 12th March 2015, per SC Gupte J; and Bharat Infrastructure & Engineering Pvt Ltd v Park Darshan CHSL, Arbitration Petition No. 199 of 2013, decided on 18th March 2013, per RD Dhanuka, J. ... Later in the same judgment the Supreme Court observed on the facts in that case that the developer was under a time-limit to complete construction; and in that case 10 out of 12 members had ....
Disha Constructions & Ors., 2014 (1) Bom. C. R. 385; and K & M Sheltors Pvt. Ltd v. Mrs. Poonam V. Punjabi & Ors., 2015 (1) Bom. C. R. 696) in regard to the majority principle, Mr. Kapadia cites Supreme Mega Construction LLP v. ... ... (c) The Supreme Court decision in Anita Enterprises & Anr. v Belfer Co-operative Housing Society Ltd.; (2008) 1 SCC 285) and ... (d) The Supreme Court decision in Bhanushali Co-operative Housing Society Ltd v Mangilal & Ors. ... The de....
Kapadia cites Supreme Mega Construction LLP v Symphony Co-operative Housing Society Ltd & Ors.108 In paragraph 7 of this decision, Mr. Justice Gupte in terms held that substantial compliance with the very same 2009 Directive under Section 79A was sufficient. An earlier decision, that of R.D. ... Further, Bharat Infrastructure in the very next paragraph reafrms the principle that the General Body is the supreme authority, and that the view of the majority will bind.” ... These, two cited judgments, affi....
... [10.23] It is submitted that even as per CRZ-3 sub-clause A (iii) or B no new construction residential in nature except reparation and construction of the existing houses can take place. ... ... [3.3] That thereafter the respondent No.5 Pramukh Organizers LLP purchaser sought development permission with regard to construction of more than 1500 residences on the subject land. ... of Atomic Energy, Pipelines, Installation of weather radars, construction of trans harbor sea-link and so and so forth. .....
The court cited several Supreme Court cases to emphasize the seriousness of economic offences and the need for stringent view towards ... : The court emphasized the need for a stringent view towards grant of bail in cases involving economic offences, citing various Supreme ... The Supreme Court in the case of State of Bihar and another Vs. ... Bararia for purported purchases of construction materials worth Rs.30 Crores from M/s H.K. Enterprises during 15.9.2017 to 31.3.2018. ... Both the firms had shown their business of....
Such construction defeats the purpose of Article itself.” 13. ... Ltd., Marvel Asta Constructions Pvt. Ltd., Kappa Homes LLP, Marvel Precast structures India LLP, Marvel Ora Residences LLP, Marvel Group Holdings and Investments LLP, Marvel Elegant Homes LLP. 9.21.3. ... The Supreme Court in Leeaa David vs. ... Goea Ganga Construction and Reaa Estate Pvt. Ltd. and City Survey No. 207, area 11027.68 sq. mtrs. Hereto annexed and marked....
Consolidated Construction Consortium Ltd. ... I find the Supreme Court, in Mundrika Prasad Singh Vs. ... The Supreme Court in the Bar Council of Maharashtra Vs. M. V. ... It is owing to this comradeship between Advocates of the same Court that the Supreme Court also in Nirankar Nath Wahi Vs. ... Clinique Laboratories, LLC 2010 (43) PTC 788 (Del) (DB); ... (e) Construction Research & Technology GMBH Vs. Dirk India Private Limited 2011 (47) PTC 560 (Del); ... (f) Duke Fashions (India) Ltd. Vs.
–Vs- State of U.P. reported in 2008 (225) E.L.T 321 (SC) the Hon’ble Supreme Court has held that different construction to an entry cannot be resorted to only because the rate has been lowered and the classification having been accepted by the revenue for a long time, the onus ... Ganga Setty reported in AIR 1963 Supreme Court 1319 the Hon’ble Supreme Couurt has held that if there were two constructions which an entry could reasonable bear and one of which was in favour of revenue was adopted, the Court....
(A) Electricity Act, 2003 – Section 125 – Civil Procedure Code, 1908 – Section 100 – Appeal to Supreme Court ... A question of law may arise when there is an erroneous construction of the legal provisions of the statute or the general principles of law. ... (Appeal to Supreme Court): Any person aggrieved by any decision or order of the Appellate Tribunal, may, file an appeal to the Supreme Court within sixty days from the date of communication of the decision or order of the Appellate Tribunal, to him, on any one or more....
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