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High Court

Bombay High Court Allows Writ Petition Challenging Rejection of Tender at Envelope Opening Stage in Public Works Contract. Tender Evaluation Procedure Must Follow Stipulated Conditions; Rejection Without Opening Price Bid Held Invalid.

8 Aug 2016

The petitioners, three artificial persons, filed a writ petition under Article 226 of the Constitution of India challenging the action of respondent n...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Section 9 Petition in Development Dispute — No Prima Facie Case for Injunction Against Possession. The court held that the appellants failed to establish a prima facie case for interim relief under Section 9 of the Arbitration and Conciliation Act, 1996 as the development agreement did not grant possession.

4 Mar 2016

The appellants, Prajita Developers Pvt. Ltd., filed an appeal against an order dated 14.01.2016 passed by a learned Single Judge of the Bombay High Co...

High Court

Bombay High Court Allows Second Appeal in Property Dispute — Sale Deed Held Nominal and Void for Lack of Collector's Permission Under Fragmentation Act. The court restored the Trial Court's finding that the sale deed was a nominal transaction and void under Section 8 of the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947, reversing the lower Appellate Court's decree for possession.

30 Oct 2015

The case involves a second appeal arising from a property dispute over Survey No.20/2. The plaintiff-respondent No.1 (Damodhar Narayan Sawale) filed R...

High Court

Bombay High Court Allows Petition of Complainant in MOFA Case — Sets Aside Sessions Judge's Order on Territorial Jurisdiction. The Court held that under Section 179 CrPC, the Magistrate at Mumbai had jurisdiction to try the offence under Section 13 MOFA read with Section 14, as the agreement was executed and consideration was paid in Mumbai.

3 Sep 2015

The petitioner, Dhirajlal P. Desai, was the original complainant who filed a complaint against respondent nos.2 to 6 alleging commission of an offence...

High Court

Bombay High Court Allows Second Appeal in Property Dispute — Title Cannot Be Based Solely on Index Entry Without Producing Sale Deed or Secondary Evidence. The court held that in absence of the original sale deed or secondary evidence of its execution and attestation, a finding of title cannot be given merely on the basis of an index entry from the registration office.

2 Sep 2015

The case involves a second appeal before the Bombay High Court, Nagpur Bench, arising from a property dispute. The plaintiff-respondent, Jamila Khanam...

High Court

Bombay High Court Allows Second Appeal in Property Dispute — Title Cannot Be Based Solely on Index Entry Without Producing Sale Deed or Secondary Evidence. The court held that in a suit for possession, the plaintiff must prove title by producing the original sale deed or secondary evidence of its execution and attestation, and an index entry from the Registrar's office is insufficient to establish ownership.

2 Sep 2015

The case involves a second appeal before the Bombay High Court, Nagpur Bench, arising from a suit for possession filed by the respondent, Jamila Khana...

High Court

Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Concurrent Findings of Readiness and Willingness. Agreement to Sell for Shop Premises Enforced as Plaintiff Proved Continuous Readiness and Defendants Failed to Execute Sale Deed Despite Receiving Earnest Money.

2 Sep 2015

The respondent (original plaintiff) filed Special Civil Suit No.136 of 1987 for specific performance of an agreement to sell dated 19.7.1987, whereby ...

High Court

Bombay High Court Allows Second Appeal in Property Dispute Over Encroachment and Rainwater Drainage. Court finds that the first appellate court failed to consider the map attached to the sale deed and the trial court's findings on encroachment, remanding the matter for fresh consideration.

21 Aug 2015

The appellant, Meenadevi Vatnani, filed a Second Appeal against the judgment of the Principal District Judge, Amravati, dated 5.3.2014, which reversed...

High Court

Bombay High Court Allows Land Owners' Petition Against Refusal to Register Sale Deeds in MIDC Area. Notification Under Section 1(3) of MIDC Act Does Not Bar Registration of Plots in Layouts Sanctioned Prior to Notification.

9 Apr 2015

The petitioners, land owners, challenged a communication dated 22.1.2015 from the Sub-Registrar refusing to register sale deeds of plots in their layo...

High Court

Bombay High Court Quashes Criminal Proceedings Against Directors and Officers in Cheque Dishonour Case Due to Absence of Specific Allegations. Vicarious Liability Under Section 138 of Negotiable Instruments Act, 1881 Requires Specific Averments of Role in Issuance of Cheque.

30 Nov -0001

The petitioners, including M/s. GIC Housing Finance Ltd. and its directors/officers, filed a writ petition under Article 226 of the Constitution read ...

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