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Deemed Conveyance under MOFA Cannot Be Set Aside Merely on Technical Objections When Developer Fails to Execute Conveyance – Bombay High Court

The dispute arose when a cooperative housing society sought deemed conveyance of the land and building from the developer who had failed to execute th...

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Supreme Court Upholds Enhanced Share Valuation, Awards Interest at 6% Pre-Decree and 9% Post-Decree in Decades-Old Dispute. Balancing Equity and Commercial Realities: SC Modifies Interest Rates in Rajasthan State Mines Share Acquisition Case

Valuation of Shares – The Supreme Court affirmed the High Court’s valuation of shares at ₹640 per share, rejecting the State’s objections. Th...

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Supreme Court Dismisses Appeals in Specific Performance Case — Buyer's Readiness and Williness Established. Time Held Not of Essence Due to Seller's Conduct in Accepting Delayed Payments and Continuing Negotiations.

The dispute arose from an agreement for sale of immovable property dated 20th January 2005 between the sellers (appellants in CA 3015/2013) and the bu...

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Bombay High Court Dismisses Appeal in Specific Performance Suit — No Prima Facie Case for Injunction Against Co-Owners. Agreement for Sale of Undivided Share by One Co-Owner Does Not Create a Right to Injunction Against Other Co-Owners Who Are Not Parties to the Agreement.

The appellant-plaintiff, M/s. Amoda Properties LLP, filed a suit for specific performance of an agreement dated 21st December 2016, whereby defendant ...

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Bombay High Court Dismisses Application for Appointment of Arbitrator in Partnership Dispute Due to Lack of Written Arbitration Agreement. Section 11 Application Under Arbitration and Conciliation Act, 1996 Fails as Alleged Partnership Deed of 1975 Not Produced and No Arbitration Clause Established.

The applicant, Yashvant Chunilal Mody, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of a s...

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Bombay High Court Dismisses Petitions Challenging AAIFR Order Rejecting Revival Scheme for Sick Company Under SICA. The court held that the AAIFR's findings on non-compliance and lack of feasibility were based on evidence and not perverse, thus no interference under Article 226 was warranted.

This group of writ petitions challenges a common order dated 28/5/2010 passed by the Appellate Authority for Industrial and Financial Reconstruction (...

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Bombay High Court Allows Partition Appeal in Family Property Dispute — Plaintiff Granted 1/3rd Share Based on Contribution. Court held that the plaintiff's claim for 2/3rd share was barred by res judicata due to dismissal of earlier suit for recovery of contribution amount.

The case involves a partition suit filed by Dr. Bhalchandra Govind Kshirsagar (plaintiff) against his family members (defendants) seeking a 2/3rd shar...