Supreme Court of India
Experion Developers Private Limited v. Himanshu Dewan and Sonali Dewan and Others
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We hold that the law laid down in Kunhayammed is to be followed, it will not make any diff erence whether the review petition was fi led before the fi ling of special leave petition or was fi led after the dismissal of special leave petition.
Judgment, page 22
From the headnote
Issue for consideration: Impugned order passed by NCDRC directing the appellant-builder/developer to refund to the res pondents-allottees/ subsequent buyers, the amount collected towards excess sale area, overruling the contentions of the appellant on the grounds of the princip le of res judicata and on the rule of binding precedent by applying its decision in Pawan Gupta case (a case related to the same housing project as the present matter) wherein the claim made by the appellant for the i ncrease of the sale area was rejected and appeal thereagainst was dismissed by Supreme Court, if
Authorities it was built on
- 2019 Khoday Distilleries Ltd. (now Known as Khoday India Limited) and Others v. Sri Mahadeshwara Sahakara Sakkare Karkhane Ltd., Kollegal (under Liquidation) Represented by the Liquidator
- 2020 Wg. Cdr. Arifur Rahman Khan and Aleya Sultana and Ors. v. Dlf Southern Homes Pvt Ltd. (now Known as Begur Omr Homes Pvt. Ltd.) and Ors.
- 1998 Abbai Maligai Partnership Firm and Anr. v. K. Santhakumaran and Ors
- 2011 Fida Hussain & Ors. v. Moradabad Development Authority & Anr.
- 2019 The State of Rajasthan v. Nemi Chand Mahela and Others
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