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Bombay High Court Dismisses Appeal for Specific Performance of Agreement to Sell, Upholds Refund of Earnest Money. Court finds that the plaintiff failed to prove readiness and willingness to perform its part of the contract under Section 16(c) of the Specific Relief Act, 1963.

The appellant, M/s. Dreams Construction Private Limited, filed a suit for specific performance of an agreement to sell a land admeasuring 1 Hector and...

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High Court of Bombay at Goa Dismisses Revision Applications Against Rejection of Plaint Dismissal in Money Suit. Order VII Rule 11 CPC Application for Rejection of Plaint Dismissed as Plaint Disclosed Cause of Action and Was Not Barred by Law.

The case involves three civil revision applications filed under Section 115 of the Code of Civil Procedure, 1908 (CPC) challenging a common order date...

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Bombay High Court Quashes Agreement for Sale of Open Amenity Space by Municipal Corporation to Private Developer. Municipal Corporation Cannot Alienate Public Amenity Space Reserved Under Development Plan Without Following Statutory Procedure Under Maharashtra Regional and Town Planning Act, 1966.

The petitioner, Prashant Bhagwantrao Palande, a resident of Mira Road, filed a writ petition under Article 226 of the Constitution of India challengin...

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Bombay High Court at Goa Directs Registration of Sale Deed for Undivided Share Without NOC Under Section 49(6) of Town and Country Planning Act, 1974. Clarifications by Chief Town Planner and State Registrar Support No Requirement of NOC for Plots as per Survey Plan.

The petitioners, Gajendra Shenvi Desai and Radhika G. Shenvi Desai, as vendors, presented a draft sale deed for registration before the Civil Registra...

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Supreme Court Allows De-Sealing of Commercial Premises in PIL Based on Judicial Committee Order. Applicant's Premises Ordered to be De-Sealed Subject to Compliance with Common Order Dated 18.12.2023.

The present application (I.A. No.203615 of 2024) was filed by an individual applicant seeking de-sealing of his commercial premises located at plot No...

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Bombay High Court Allows Appeal in Specific Performance Suit — Rejects Application for Rejection of Plaint Under Order VII Rule 11 CPC. Agreement for Sale Not Concluded Contract but Continuous Offer, Plaint Discloses Cause of Action.

The appellant, M/s. Everhome Properties Pvt. Ltd., filed a suit for specific performance of an agreement for sale dated 15.07.2019 against the respond...

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High Court of Karnataka Allows Public Interest Litigation Seeking Removal of Encroachments on Siddapura Lotus Pond. Court Directs Authorities to Protect Water Body as Public Trust Asset Under Article 226 of the Constitution.

The petitioner, Whitefield Rising Trust, a charitable trust, filed a Public Interest Litigation under Article 226 of the Constitution of India seeking...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Agreement to Sell and Possession Upheld. Court holds that concurrent findings of fact cannot be interfered with under Section 100 of Code of Civil Procedure, 1908 unless perverse or based on no evidence.

The present second appeal was filed by the original defendant (since deceased, represented by legal heirs) challenging the concurrent judgments and de...

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Bombay High Court Acquits Accused in Corruption Case Due to Lack of Sanction and Inconsistent Evidence. Conviction under Prevention of Corruption Act, 1988 set aside as demand and acceptance of bribe not proved beyond reasonable doubt.

The case pertains to an appeal against the conviction of Chandrabhan Sadavarti, the original appellant, under Section 7 and Section 13(1)(d) read with...