Necessary-party requirements limit impleadment of independent entities, while deferred consideration does not create an appealable adverse determinati...
Food supplement classification requires common parlance and authoritative tests, preventing treatment as proprietary Ayurvedic medicines without suppo...
Specified regulatory authority income receives conditional tax exemption, subject to non-commercial activity, unchanged income character, and return f...
Tax exemption for regulatory authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and return-filing...
Input tax credit conditions remain constitutionally valid, with eligible recipient claims considered under GST circulars and retrospective filing dead...
Developer directed to refund apartment booking amount exceeding 10% of Basic Sale Price (BSP) without interest to purchaser following cancellation. SC upheld NCDRC's determination that 10% BSP constitutes reasonable earnest money forfeiture, finding original agreement terms unconscionable and one-sided. Court applied precedent requiring clear, explicit contract terms to justify earnest money forfeiture, distinguishing between earnest money deposits and consideration payments. Ruling emphasized that unfair contract terms between parties with unequal bargaining power are unenforceable under Article 14. While forfeiture of reasonable earnest money falls outside Section 74 of Contract Act, penalty-nature forfeitures remain subject to statutory limitations. Appeal partially allowed, modifying interest component while maintaining principal forfeiture limit.
Developer directed to refund apartment booking amount exceeding 10% of Basic Sale Price (BSP) without interest to purchaser following cancellation. SC upheld NCDRC's determination that 10% BSP constitutes reasonable earnest money forfeiture, finding original agreement terms unconscionable and one-sided. Court applied precedent requiring clear, explicit contract terms to justify earnest money forfeiture, distinguishing between earnest money deposits and consideration payments. Ruling emphasized that unfair contract terms between parties with unequal bargaining power are unenforceable under Article 14. While forfeiture of reasonable earnest money falls outside Section 74 of Contract Act, penalty-nature forfeitures remain subject to statutory limitations. Appeal partially allowed, modifying interest component while maintaining principal forfeiture limit.
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