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Bombay High Court Upholds Specific Performance of Development Agreement in Favor of Purchasers. Agreement for Development Treated as Agreement for Sale Under Specific Relief Act, 1963 as Essential Terms Constitute Sale of Immovable Property.

The appellants, original defendants, were the owners of a property in Pune. They executed a development agreement dated 18th October 2007 in favor of ...

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Bombay High Court Sets Aside Insolvency Notice Based on Foreign Judgment — Notice Held Without Jurisdiction as Debt Not Payable Under Indian Insolvency Act. Foreign judgment debt not enforceable under Presidency Towns Insolvency Act, 1909 without satisfying conditions of Section 13 CPC.

The case involves a Notice of Motion filed by the Judgment Debtor, Neville Tuli, seeking to set aside an Insolvency Notice No. N/28 of 2011 issued by ...

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Bombay High Court Dismisses Partition Suit and Upholds Wills in Family Property Dispute. Wills and Codicils Executed by Testator and Testatrix Found Valid, No Undue Influence or Lack of Testamentary Capacity Established.

The judgment concerns a family dispute over the estate of Chimanlal Chinai and his wife Shardaben Chinai. The plaintiffs, legal heirs of Dinkar Chinai...

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Bombay High Court Dismisses Second Appeal in Property Dispute — Upholds Concurrent Findings of Adverse Possession. The court held that the plaintiff had perfected title by adverse possession and that the award of mesne profits under Order 20 Rule 12 CPC was proper.

The case involves a second appeal filed by Smt Shantabai against the judgment of the Additional District Judge, Wardha, which dismissed her appeal and...

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High Court of Bombay Upholds Reinstatement of Bank Employee in Disciplinary Matter — Full Back Wages Awarded for Flawed Inquiry. Syndicate Bank's Dismissal of Clerk for Alleged Misconduct Set Aside as Inquiry Was Vitiated by Bias and Non-Supply of Documents.

The petitioner, Syndicate Bank, a nationalised bank, challenged the Part-I Award dated 28.5.2003 and Part-II Award dated 7.9.2010 passed by the Centra...

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Bombay High Court Allows Co-operative Society's Writ Petitions Against Unauthorized Construction by Members. Dispute Between Society and Member Regarding Unauthorized Construction and Possession is Barred from Civil Court Under Section 91 of Maharashtra Co-operative Societies Act, 1960.

The petitioner, The Manglorian Garden Homes Co-operative Housing Society Limited, filed three writ petitions challenging the orders of the Civil Judge...

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Bombay High Court Dismisses Challenge to SRA Committee's Order on Slum Dweller Eligibility. The Court upheld the High Power Committee's jurisdiction to determine eligibility for rehabilitation under the Slum Rehabilitation Scheme, rejecting the petitioners' claim for inclusion of additional tenants.

The case involves two writ petitions filed by Housing Development and Infrastructure Ltd. and another challenging the order of the High Power Committe...

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Bombay High Court Quashes Criminal Proceedings in Commercial Dispute — Abuse of Process Under Section 482 CrPC. Dispute Between Supplier and Buyer of Packaging Material Lacks Ingredients of Cheating and Criminal Breach of Trust Under Sections 406 and 420 IPC.

The applicants, Tetra Pak India (P) Ltd., Tetra Pak International Company, and Mr. Sunil Tembe, filed an application under Section 482 of the Code of ...