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Bombay High Court Considers Challenge to RERA Refund Order Alleged Void for Want of Jurisdiction. The Petition Tests Whether Supreme Court's Newtech Decision Renders Final Unappealed RERA Orders Non-Est Under Section 71 of RERA Act.

The writ petition came before the Bombay High Court raising the issue whether an order passed by the RERA Adjudicating Officer directing refund of Rs....

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Bombay High Court Hears Suit for Specific Performance of Contract for Sale of Property at Bandra, Mumbai. Contractual Dispute Centers on Vendor's Obligation to Provide Vacant Possession and Marketable Title, and Validity of Sale of Minor's Share Without Court Permission.

Background: The suit pertains to a contract for sale of freehold land and structure at Bandra, Mumbai, entered into on 26 June 1993 between the plaint...

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Bombay High Court Partially Sets Aside Arbitral Award in Shareholder Dispute Over Hotel Company Exit — Holds That Arbitrator Exceeded Jurisdiction by Granting Relief Beyond Scope of Reference and Without Proper Valuation.

The judgment pertains to two Commercial Arbitration Petitions arising from an arbitral award dated 5th April 2016. The petitioners (Panchamias Group a...

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Supreme Court Dismisses Appeal in Partnership Dispute — Decree Against Deceased Partner Not Executable Against Legal Representatives. Partnership Dissolved on Death of Partner Under Section 42(c) of Partnership Act, 1932, and Legal Representatives Not Bound by Decree.

The case arises from a partnership deed dated 14.04.1982 between late Sri Jai Narayan Misra and late Smt. Hashmatunnisa Begum for real estate developm...

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Bombay High Court Dismisses Society's Section 9 Petition for Possession and Injunction Against Developer in Redevelopment Dispute. Court Holds That Disputed Questions of Title and Possession Cannot Be Decided in Summary Proceedings Under Section 9 of the Arbitration and Conciliation Act, 1996.

The judgment concerns two competing petitions under Section 9 of the Arbitration and Conciliation Act, 1996, filed by Rajawadi Arunodaya Co-operative ...

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Bombay High Court Allows Revision in Trust Property Dispute — Civil Court Jurisdiction Not Ousted by Bombay Public Trusts Act. Suit for Declaration of Ownership and Injunction Maintainable as Dispute Involves Title, Not Just Trust Administration.

The petitioners (original defendants) filed a civil revision application challenging the order of the District Court which set aside the trial court's...

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High Court of Karnataka Dismisses Second Appeal in Land Title Dispute — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Appellant failed to prove title and possession; courts below rightly dismissed suit for declaration and injunction.

The appellant, Sri G.K. Shekharappa, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and de...

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Karnataka High Court Dismisses Second Appeal in Land Title Dispute — Concurrent Findings of Fact Not Interfered With. Appellant failed to prove title and possession; courts below correctly held that suit was barred by limitation and that revenue entries did not confer title.

The appellant, G.K. Shekharappa, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree...

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Bombay High Court Adjudicates Section 34 Petition Against Arbitral Award on Termination and Repudiation of Master Asset Purchase Agreement. Arbitrator's Finding of Repudiation by Purchaser and Direction for Refund of Consideration under MAPA Considered.

The dispute arose from a Master Asset Purchase Agreement (MAPA) dated 31st March 2005 between Siddhivinayak Realties Pvt. Ltd. as purchaser and V Hote...