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Bombay High Court Allows Appeal in Specific Performance Suit — Oral Agreement Not Proved. Plaintiff failed to establish oral agreement, payment of consideration, and suit was barred by limitation under Article 54 of the Limitation Act, 1963.

The appellants (original defendant nos. 2 to 4) challenged the judgment and decree dated 18/02/2014 passed by the learned Judge, City Civil Court, Mum...

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Bombay High Court Allows Appeals for Enhanced Compensation in Land Acquisition for Playground. Market Value Fixed at Rs. 100 per sq.mtr. Based on Comparable Sale Deed, with Solatium and Interest Under Land Acquisition Act, 1894.

The case involves two appeals arising from a common land acquisition notification for a children's playground in Pimpri-Chinchwad. The land, admeasuri...

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Bombay High Court Grants Interim Injunction in Arbitration Dispute Over Saleable FSI and Possession of Property. Court restrains respondents from alienating saleable FSI and disturbing possession pending arbitration under Section 9 of the Arbitration and Conciliation Act, 1996.

The petitioners, Atul Resorts and Hospitality India Pvt. Ltd. and Atul Projects India Ltd., filed two arbitration petitions under Section 9 of the Arb...

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Bombay High Court Allows Appeal in Lease vs. Licence Dispute — Agreement Dated 1st March 1977 Held to Create Licence, Not Lease. Court Interprets Clauses of Agreement to Determine Intention of Parties, Finding No Transfer of Interest in Property.

The dispute in this second appeal arises from a suit filed by the appellant, Prakash Ganesh Lotlikar, against the respondent, Joel Avelino Noronha, se...

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Bombay High Court Upholds Demolition of Unauthorized Terrace Construction in Cooperative Housing Society. Lease of Terrace by Member Without Society's Consent Invalid Under Maharashtra Cooperative Societies Act, 1960.

The judgment concerns two writ petitions arising from a dispute between N. Jethani (petitioner in WP 5476/1990) and Shri Shivaji Cooperative Housing S...

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Bombay High Court Allows Second Appeal in Partnership Act Bar Case — Agreement Held as Licence Not Lease. Suit for Eviction by Unregistered Partnership Firm Not Barred Under Section 69(2) of Indian Partnership Act, 1932 as Right to Evict Trespasser Arises from Common Law.

The case involves a second appeal filed by M/s Hotel Satkar, an unregistered partnership firm, against the dismissal of their suit for eviction of the...

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Bombay High Court Allows Appeal of Housing Society Against ESI Corporation — Society Not a 'Shop' Under ESI Act Notification. Principles of Natural Justice Not Applicable to Notification Under Section 1(5) of Employees' State Insurance Act, 1948.

The appellant, Vidarbha Premier Co-operative Housing Society, filed an appeal against the order of the Employees' State Insurance Court, Nagpur, which...

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Bombay High Court Dismisses Housing Society's Petition Challenging Refund Order in Cooperative Dispute. Society's Demand of Rs.5,00,000 for Transfer Regularization Held Unjustified and Directed to Refund Rs.4,75,000 with Interest.

The petitioner, Alankar Sahkari Griha Rachana Sanstha Maryadit, a housing society, challenged the order dated 12th December, 2013 passed by the Mahara...