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    <title>2021 (2) TMI 1181 - Supreme Court</title>
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    <description>A writ petition under Article 226 may be entertained to enforce contractual obligations of a State instrumentality where the dispute arises from a failed public-law representation, the State&#039;s conduct is arbitrary or unfair, and the matter does not require a full trial on contested facts. Where the contract makes transfer of land free from encumbrances the foundation of the project and expressly provides compensatory payment on failure of title, the developer is entitled to refund of the principal with interest from the respective dates of payment. The Court also held that excessive compounding need not be applied in the facts, so interest was confined to the contractual rate without compounding. Refund liability was fastened on TSIIC, while inter se apportionment against APIIC was left open.</description>
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    <pubDate>Wed, 17 Feb 2021 00:00:00 +0530</pubDate>
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      <title>2021 (2) TMI 1181 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=296512</link>
      <description>A writ petition under Article 226 may be entertained to enforce contractual obligations of a State instrumentality where the dispute arises from a failed public-law representation, the State&#039;s conduct is arbitrary or unfair, and the matter does not require a full trial on contested facts. Where the contract makes transfer of land free from encumbrances the foundation of the project and expressly provides compensatory payment on failure of title, the developer is entitled to refund of the principal with interest from the respective dates of payment. The Court also held that excessive compounding need not be applied in the facts, so interest was confined to the contractual rate without compounding. Refund liability was fastened on TSIIC, while inter se apportionment against APIIC was left open.</description>
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      <pubDate>Wed, 17 Feb 2021 00:00:00 +0530</pubDate>
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