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Bombay High Court Allows Appeal Against Refusal of Ad-Interim Injunction in Property Dispute — Holds That Trial Court Must Consider Documents Prima Facie and That Section 52 of Transfer of Property Act Does Not Substitute Injunction

The appellant, Durga Bearing (Mumbai) Pvt. Ltd., filed an appeal against the order of the City Civil Court, Dindoshi, Mumbai, dated 10 August 2016, wh...

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Bombay High Court Dismisses Petition Challenging Membership Grant to Flat Purchaser in Cooperative Housing Society. Section 23(2) of Maharashtra Cooperative Societies Act, 1960 mandates admission of purchaser as member upon transfer of share and interest in property.

The petitioner, Punam Cooperative Housing Society Ltd., challenged an order dated 31.3.2019 passed by the Divisional Joint Registrar, Cooperative Soci...

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Bombay High Court Dismisses Revenue Appeals in Service Tax on Maintenance Charges — Management, Maintenance or Repair Service Not Attracted. Amounts collected as maintenance charges for upkeep of apartment premises are not subject to service tax under the Finance Act, 1994.

The judgment involves three appeals filed by the Commissioner of Service Tax/Central Excise against orders of the Customs, Excise & Service Tax Appell...

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Bombay High Court Issues Rule in Writ Petition Challenging Orders Restricting Redevelopment of Cooperative Society under PWR-219 Scheme. Court frames issues regarding requirement of prior permission from Social Welfare Department for redevelopment using additional FSI/TDR.

The writ petition under Article 226 of the Constitution of India was filed by a co-operative housing society challenging orders dated 8 June 2016 and ...

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Bombay High Court Dismisses Petitions Challenging Demolition of Illegal Construction in Residential Zone. Unauthorized construction in residential zone without valid development permission is liable for demolition under MRTP Act and BMC Act.

The case involves two writ petitions filed by Sharvan Developers Private Limited and others, and by Jayesh Mehta and others, challenging a demolition ...

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High Court of Judicature at Bombay Examines Challenge to MahaRERA Adjudicating Officer Order in Real Estate (Regulation and Development) Act, 2016 Matter. Petition Filed Under Article 226 Seeking Quashing of Compensation Order on Ground of RERA Registration Exemption for Part Occupancy Certificate Phase.

The matter concerned a challenge under Article 226 of the Constitution to an order of the Adjudicating Officer, Maharashtra Real Estate Regulatory Aut...

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Bombay High Court Considers Writ Petitions Challenging Family Court’s Refusal to Appoint Commissioner for Partition of Matrimonial Property and Denial of Injunction Against Husband’s Entry. Issues Involve Interpretation of Joint Ownership and Rights Under Hindu Marriage Act, 1955.

The dispute arose from a marital discord between Sumit Vijay Kumar (husband) and Shraddha Gupta (wife), both working professionals married in 2011. Th...