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Bombay High Court Dismisses Municipal Corporation of Delhi's Petition Seeking Mandamus Against State of Maharashtra to Execute Distress Warrants. Delhi Municipal Corporation Act, 1957 Has No Extra-Territorial Application, Hence No Duty on Maharashtra Authorities.

The Petitioner, Municipal Corporation of Delhi (MCD), a statutory body under the Delhi Municipal Corporation Act, 1957, filed a writ petition in the B...

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Bombay High Court Allows MMRDA to Construct Metro Line-5 Over Mangroves Subject to Compensatory Plantation. Public Interest Project Overrides CRZ Restrictions Under PIL Directions.

The petitioner, Mumbai Metropolitan Region Development Authority (MMRDA), a statutory body under the Mumbai Metropolitan Region Development Authority ...

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Bombay High Court Allows Revision and Restores Rejection of Plaint in Suit Based on Unregistered Agreement. Suit for Declaration of Ownership and Injunction Fails as Agreement Not Produced and Suit Time-Barred Under Article 58 of Limitation Act, 1963.

The case involves a Civil Revision Application filed by Ajmera Enterprises (the applicant) against an order of the appellate court which had set aside...

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Bombay High Court Allows Appeal in Co-operative Housing Society Dispute Over Title to Property — Decree of Specific Performance Set Aside Due to Non-Compliance with Statutory Requirements Under Maharashtra Co-operative Societies Act, 1960 and Maharashtra Ownership Flats Act, 1963.

The appellant, The Pashmina Co-operative Housing Society Ltd., filed an appeal under Section 96 of the Civil Procedure Code, 1908, challenging the jud...

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Bombay High Court Quashes Deficit Stamp Duty Demand in Development Agreement Case — Delay and Lack of Speaking Order Render Proceedings Invalid. Section 33A of Maharashtra Stamp Act, 1958 invoked after 10 years without proper application of mind; order set aside.

The Petitioner, Axayraj Buildwell Pvt. Ltd. (now Moongipa Realty Pvt. Ltd.), a developer, entered into a Development Agreement with D.N. Nagar Shree A...

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Bombay High Court Dismisses Writ Petition Challenging Termination of Developer Appointment in Slum Rehabilitation Scheme. Petitioner's failure to obtain 70% slum dweller consent and submit documents within stipulated time justified termination under Section 13(2) of Maharashtra Slum Areas Act, 1971.

The petitioner, Surjit Singh Arora, sole proprietor of M/s. Sukhamani Construction, was appointed as developer for a slum rehabilitation scheme under ...

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Bombay High Court Grants Interim Injunction Restraining Co-operative Housing Society from Appointing Another Developer in Redevelopment Dispute. Letters exchanged between developer and society held to constitute a binding contract for redevelopment, and termination letter declared illegal.

The plaintiff, Pittie Antariksh Grl Pvt Ltd, a real estate company, filed a suit seeking declaration that letters dated 30/8/2021 and 23/10/2021 const...

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Bombay High Court Quashes Reopening Notices Under Section 148 of Income Tax Act, 1961 for Lack of Independent Application of Mind. Notices Based Solely on CIB Information Without Forming Reason to Believe Are Invalid.

The petitioner, a Chartered Accountant, filed returns of income for Assessment Years 2010-2011, 2011-2012 and 2012-2013, which were processed under Se...