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Bombay High Court Allows Appeal by Housing Society in Property Dispute Over Water Connection and Construction. Developer's Agreement to Provide Water Connection and Restrict Construction Held Binding.

The case involves two cross-appeals arising from a judgment and decree dated 31st March 2004 in L.C. Suit No. 786 of 2004. The appellants in First App...

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Bombay High Court Allows Writ Petition, Restores Eviction Decree in Sub-Lease Dispute for Breach of Covenant. Failure to pay municipal taxes and insurance premium constituted breach of condition under Section 111(g) of Transfer of Property Act, 1882, justifying forfeiture and eviction.

The petitioner, as lessor, had granted a sub-lease of land and buildings to the first respondent for 98 years. The sub-lease deed contained covenants ...

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Gujarat High Court Allows Appeal in Tenancy Dispute, Remands Suit for Fresh Consideration Due to Procedural Irregularities. Trial Court's Failure to Consider Evidence and Frame Issues Vitiated the Judgment Under Section 96 of Code of Civil Procedure, 1908.

The case involves a first appeal filed under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and decree dated 07.04.2024 pas...

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Bombay High Court Dismisses Reference Under Land Acquisition Act for Enhancement of Compensation; Claimants Fail to Prove Land Ownership. Court Upholds Land Acquisition Officer's Award of Demolition Value for Structures as No Evidence of Higher Value Was Produced.

The dispute arose from an acquisition of land and structures for a public purpose, namely a municipal school, garden, medical college, and road, in Vi...

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Bombay High Court Allows Extension of Time for Arbitration in Infrastructure Dispute Under Section 29-A of Arbitration and Conciliation Act, 1996. Court Grants Six Months Extension for Completion of Pending Arbitration Proceedings with Consent of Both Parties.

The petitioner, K.I.P.L. Vistacore Infra Projects J.V., filed a Commercial Arbitration Petition under Section 29-A of the Arbitration and Conciliation...

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Bombay High Court Allows Widow's Claim for Medical Reimbursement Under Rajiv Gandhi Jeevandayee Arogya Yojana for Ayurvedic Treatment of Deceased Husband. Treatment at Government-Recognized Ayurvedic Hospital Held Covered Under Scheme Despite Initial Denial by Insurance Company.

The petitioner, Kiran Bhaskar Surgade, widow of Dr. B.S. Surgade, filed a writ petition seeking reimbursement of medical expenses incurred for the tre...

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High Court of Karnataka Quashes Cancellation of Fair Price Shop Authorization Due to Violation of Natural Justice. Petitioner's authorization cancelled without notice or opportunity of hearing, and appellate order also set aside for lack of proper consideration.

The petitioner, Sri Manjunath, was a fair price shop dealer authorized under the Essential Commodities Act, 1955. His authorization was cancelled by t...

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Bombay High Court Dismisses Second Appeals by Developer in Possession Suits — Concurrent Findings of Fact Cannot Be Reopened Under Section 100 CPC. Suits for possession based on title and prior possession were decreed; no substantial question of law arose.

The appellant, M/s. Samruddhi Developers, a partnership firm, filed four second appeals under Section 100 of the Code of Civil Procedure, 1908, challe...