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Bombay High Court Dismisses PIL Challenging Lease of Wankhede Stadium to Mumbai Cricket Association. Court holds that lease of public property at nominal rent for promoting sports is not arbitrary and is a valid policy decision.

The petitioners, including Aam Aadmi Party and individuals, filed a Public Interest Litigation under Article 226 of the Constitution of India challeng...

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Bombay High Court Allows Appeal Against Order Rejecting Plaint in Suit for Injunction and Declaration — Dispute Over Common Passage in Residential Building. Court Holds That Disputed Passage Is Not an 'Open Space' Under MOFA Section 1A(e) and That the Suit Is Not Barred by Limitation or Res Judicata.

The appellants, Zenobia R. Poonawala and Rohinton Poonwala, are residents of Flat No.9 in Rutton Manor, a residential building in Colaba, Mumbai. They...

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Bombay High Court Dismisses Notice of Motion in Suit for Specific Performance — Plaintiffs Fail to Establish Prima Facie Case for Injunction Against Developer. Agreement for Sale Not Concluded as Essential Terms Remained Unsettled, No Enforceable Contract Under Specific Relief Act, 1963.

The plaintiffs, a group of 52 individuals, filed a suit for specific performance of an alleged agreement for sale of flats in a building to be constru...

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Bombay High Court Upholds Appointment of Court Receiver in Redevelopment Dispute Between Society, Developer, and Occupants. Court Directs Handover of Possession Subject to Payment of Compensation Under Development Agreement.

The appeal arose from a judgment of a learned Single Judge appointing the Court Receiver as Receiver of two flats occupied by the appellants and direc...

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Bombay High Court Dismisses Writ Petition Challenging Deemed Conveyance Under MOFA. Lease Deed Authorizing Sublease Validates Competent Authority's Order Granting Deemed Conveyance to Cooperative Society.

The petitioner, Prakash Arun Apte, proprietor of M/s A.V. Apte & Company, challenged an order dated 28 August 2014 passed by the Competent Authority a...

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Bombay High Court Allows Second Appeal in Partition Suit, Upholds Gift Deed as Valid. Lower Appellate Court's Reversal Based on Suspicious Circumstances Set Aside as Gift Deed Was Registered and Executed by Owner of Self-Acquired Property.

The case involves a partition suit concerning agricultural lands and a house property. The original owner, Damduji, executed a registered gift deed da...

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High Court declined to quash FIR in Land Fraud Case Under Bharatiya Nyaya Sanhita, 2023 though Civil Nature of Dispute and Complaint by Power of Attorney Holder is sustained

The petitioner, accused No. 8 in a land fraud case, sought quashing of FIR registered under various sections of Bharatiya Nyaya Sanhita, 2023 (BNS) fo...