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Bombay High Court Partially Allows Challenges to Arbitral Award in Development Agreement Dispute. Court upholds award on termination and damages but modifies interest rate and clarifies that the builder is entitled to retain constructed area as per agreement.

The case involves two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging a common arbitral award ...

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Bombay High Court Disposes of Appeals by Acquiring Authority in Land Acquisition Compensation Dispute. The Court examines the correctness of enhanced compensation awarded under the Land Acquisition Act, 1894, for land acquired under the MRTP Act.

The appeals before the Bombay High Court arose from land acquisition proceedings under the Land Acquisition Act, 1894 read with the Maharashtra Region...

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Bombay High Court Dismisses Petitions Challenging Air India Disinvestment and Transfer of Employees. Transfer of undertaking under Section 25FF of the Industrial Disputes Act, 1947 does not require consent of workmen and continuity of service is protected.

The petitioners, three trade unions representing employees of Air India and its subsidiaries, filed writ petitions challenging the disinvestment of Ai...

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Bombay High Court Delivers Common Judgment in Letters Patent Appeals Against Dismissal of Writ Petitions in Land Lease Resumption Case — Outcome Not Stated in Provided Excerpt

The dispute pertained to a plot of land in Bandra, Mumbai, originally leased by the Secretary of State for India in 1906 to Mrs. E.J. Menesse and othe...

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Bombay High Court Allows Appeal in Flat Possession Case — Builders Failed to Prove Ownership of Land. Agreement to Sell and Power of Attorney Not Sufficient to Transfer Title Under Transfer of Property Act, 1882.

The appellants, plaintiffs in the trial court, filed a suit for recovery of possession of 12 flats or in the alternative for recovery of possession of...

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Bombay High Court Allows Writ Petition in Cooperative Housing Dispute — Upholds Cooperative Court's Order for Transfer of Flat. Transfer of share and interest in a tenant co-partnership society requires compliance with by-laws and rules; society cannot refuse transfer without valid reason.

The Petitioner, Smt. Geeta Narayan Parvati, was a lecturer and member of Respondent No.2 Society, a tenant co-partnership society registered under the...

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KAHC010422252008_1

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Bombay High Court Adjudicates Dual Proceedings on Cooperative Housing Society Dispute Over Change of User and Structural Alterations. The Court Examines Legality of Converting Residential Flats to Nursing Home and Making Additions Without Consent Under Maharashtra Ownership Flats Act, 1963.

The matter involved two consolidated proceedings: a writ petition under Article 227 of the Constitution of India challenging an order of the Maharasht...