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Bombay High Court Allows Amendment to Plaint in Suit for Compensation and Declaration of Sale Agreement as Void. Amendment Sought to Challenge Agreement for Sale of Property Allegedly Purchased with Siphoned Funds Allowed Under Order VI Rule 17 CPC.

The Plaintiff, Edit II Productions, filed a suit seeking compensation for financial loss caused by the Defendants who allegedly siphoned funds from th...

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Bombay High Court Allows TDR Claim for Amenity Development Under Appendix 'W' of Thane Municipal Corporation Development Regulations. Petitioner entitled to Transferable Development Rights for developing amenity space on surrendered plot under Clause 6 of Appendix 'W'.

The petitioner, M/s. Cosmos Realtors Joint Venture, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court ...

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Bombay High Court Dismisses Petition Challenging Membership Grant to Flat Purchaser in Cooperative Housing Society. Section 23(2) of Maharashtra Cooperative Societies Act, 1960 mandates admission of purchaser as member upon transfer of share and interest in property.

The petitioner, Punam Cooperative Housing Society Ltd., challenged an order dated 31.3.2019 passed by the Divisional Joint Registrar, Cooperative Soci...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Security Deposit Dispute. Court upholds arbitrator's finding that the amount was a refundable security deposit and not a loan, rejecting challenge under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioners, A. S. Patel Trust and its trustees, challenged an arbitral award dated 12 October 2018 under Section 34 of the Arbitration and Concil...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell by Minor's Guardian Without Court Permission Under Section 8 of Hindu Minority and Guardianship Act, 1956.

The appellant, Kasturbai Himmat Patil, filed a suit for specific performance of contract against the original defendant Lilabai Patil, alleging that L...

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Bombay High Court Dismisses Bank's Writ Petition Challenging Rejection of Boundary Correction in Execution Proceedings. Executing Court Cannot Modify Decree by Altering Property Description Beyond Decree's Terms Under Section 47 of CPC.

The Petitioner, The Ratnakar Bank Limited, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 12/04/2012 ...

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Bombay High Court Dismisses Revision in Slum Property Dispute — City Civil Court Has Jurisdiction. Court holds that suit for declaration and injunction regarding slum premises is not barred by Section 28 of Maharashtra Slum Areas Act, 1971, as the bar applies only to eviction suits.

The case involves two Civil Revision Applications challenging an order dated 23/07/2012 passed by the learned Judge of the City Civil Court, Greater M...

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Bombay High Court Allows Husband's Appeal in Matrimonial Dispute Over Possessory Rights to Shared Household. Wife's Claim for Right to Residence Under Protection of Women from Domestic Violence Act, 2005 Dismissed as Act Not in Force at Time of Filing.

The case involves two appeals filed by the husband challenging a common judgment and order dated 30.12.2004 passed by the Family Court No.4, Mumbai. T...