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Bombay High Court Allows Writ Petition Against Society's Refusal to Grant Membership to Purchaser of Premises. Registered Sale Deed Holder Entitled to Membership Under Section 23(2) of Maharashtra Cooperative Societies Act, 1960 Despite Developer's Objection.

The petitioners, Apna Sahakari Bank Ltd. and its Deputy General Manager, filed a writ petition under Article 226 of the Constitution of India challeng...

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Bombay High Court Dismisses Developer's Interim Application in Development Agreement Dispute — Prima Facie Case Not Made Out as Agreement Was Terminated for Non-Performance. Specific Performance Claim Requires Trial; No Irreparable Loss Shown.

The Plaintiffs, Shantilal J. Shah and others, filed a suit seeking a declaration that a Development Agreement dated 25th September 2007 and an Irrevoc...

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Bombay High Court Dismisses Suit by Unregistered Partnership Firm Under Section 69 of Indian Partnership Act, 1932. Suit for Declaration and Injunction Barred as Firm Not Registered, No Exception for Suits Relating to Partnership Property Applies.

The plaintiffs, seven individuals, filed a suit seeking a declaration that they are partners of the firm Laxmi Developers and for an injunction restra...

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Bombay High Court Allows Writ Petition Challenging Refusal to Register Conveyance Deed Between Builder and Cooperative Housing Society. Registering Authority Cannot Refuse Registration on Grounds Outside Indian Registration Act, 1908.

The petitioner, Chairman/Secretary of Deep Apartment CHS Ltd., filed a writ petition challenging the orders of the Registering Authority and the Appel...

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Bombay High Court Acquits Appellants in Corruption Case Due to Lack of Proof of Demand and Acceptance. Conviction under Prevention of Corruption Act, 1988 set aside as prosecution failed to establish essential ingredients.

The case involves two appeals against the judgment of the Special Court, Khamgaon, convicting the appellants under Sections 7, 13(1)(d) read with Sect...

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Bombay High Court Quashes Criminal Proceedings Against Accused in Cheating Case Due to Civil Nature of Dispute. Agreement to Sell Land Between Housing Society and Landowner Does Not Attract Criminal Offences Under Sections 420, 468, 471, 447 IPC.

The applicant, Indrajitsingh Jogindersingh, was accused no. 10 in Crime No. 131/2006 registered at Police Station Gittikhadan, Nagpur, for offences un...

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Bombay High Court Upholds Trial Court's Power to Direct Defendant to Begin Evidence Under Order 18 Rule 1 CPC. Negative Averments and Admission of Possession Shift Burden to Defendant to Prove Title.

The petitioner, M/s. Metafield Coil Pvt. Ltd., the original defendant in Special Civil Suit No. 204/2001, challenged an order passed by the trial cour...

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Bombay High Court Allows Trust's Petition Against Charity Commissioner's Rejection of Sale Permission Under Section 36(1)(a) of Bombay Public Trust Act, 1950. Hypertechnical Approach of Commissioner Set Aside; Matter Remanded for Consideration on Necessity and Market Price.

The petitioner, Murlidhar Deosthan Bamarda, a public trust, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging ...