Search Results for "Redevelopment Agreement"

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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 Dismisses Arbitration Application in Development Agreement Dispute Due to Novation Extinguishing Arbitration Clause. Deed of Novation Substituted Original Agreement Without Arbitration Clause, No Prima Facie Arbitration Agreement Exists Between Applicant and Respondents.

The applicant, M/s. Mukesh Patel and Ors., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of...

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"Landmark Judgment on Property Rights and Public Welfare in Mumbai" "Balancing property ownership with the collective good under India's constitutional framework."

The Supreme Court examined whether Chapter VIII-A of the MHADA Act aligns with the principles of Article 39(b) of the Indian Constitution, which aims ...

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Bombay High Court Dismisses Appeals Against Order of Reference to Arbitration in Suit for Specific Performance and Injunction. Court Holds That Disputes Involving a Housing Society and Its Members Regarding Development Agreement Are Arbitrable Under Section 8 of the Arbitration and Conciliation Act, 1996.

The judgment arises from two appeals filed against an order of a Single Judge of the Bombay High Court referring the parties to arbitration under Sect...

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Bombay High Court Dismisses Developer's Appeal Against Proposed Cooperative Society in Suit for Declaration and Injunction — Flat Purchasers' Rights Protected Under Maharashtra Ownership Flats Act, 1963.

The appellant, M/s. Atishay Realtors Pvt. Ltd., a developer, filed an appeal against an order of the City Civil Court, Mumbai, which granted ad-interi...

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Bombay High Court Quashes NOC Cancellation Order in MHADA Housing Dispute — Procedural Violation of Natural Justice. Board's Order Cancelling No Objection Certificate Set Aside as Passed Without Hearing Affected Parties, Violating Principles of Natural Justice.

The petitioners, Bharat Kanakia and Rajendra Shah, along with others, filed a writ petition before the Bombay High Court challenging an order dated 16...