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Bombay High Court Dismisses Appeal Against Rejection of Temporary Injunction in Specific Performance Suit. No Prima Facie Case for Injunction When Possession Not Delivered and Agreement Ambiguous.

The appellant, Sanjay Suganchand Kasliwal, proprietor of Kasliwal Construction, filed an Appeal from Order under Order 43 Rule 1(r) of the Code of Civ...

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Bombay High Court Dismisses Trust and Highest Bidder's Challenge to Joint Charity Commissioner's Order Rejecting Sale of Trust Property Under Section 36(1)(a) of Maharashtra Public Trusts Act, 1950 — Tender Process Found Lacking Wide Publicity and Transparency.

The case involves two writ petitions: one by M/s. Sai Builder and Developer (the highest bidder) and another by Vitthal Rukhmai Deosthan Trust (the Tr...

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Bombay High Court Quashes Criminal Proceedings in Property Dispute — Civil Nature of Dispute Precludes Criminal Liability. Agreement for Development and Sale of Flats Breached; Court Holds That Mere Breach of Contract Does Not Attract Offences Under Sections 406 and 420 of the Indian Penal Code, 1860.

The petitioner, Babu Dadasaheb Gavhane, filed a Criminal Writ Petition under Article 227 of the Constitution of India and Section 482 of the Code of C...

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Bombay High Court Hears Writ Petition Challenging Grant of Alewadi Port Project to Third Party Under Maharashtra Maritime Board Policies. Petitioner Alleges Arbitrary Treatment and Non-Consideration of Original Proposal Contrary to Port Policies.

The dispute concerns the development of a multipurpose port at Alewadi in Maharashtra under the state's port policies. Petitioner, a UK-based private ...

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Bombay High Court Dismisses Petition to Restrain Invocation of Bank Guarantee in Airport Development Contract Dispute. Court holds that bank guarantee is an independent contract and can be invoked only in case of breach, but no prima facie case of fraud or irretrievable injustice established.

The petitioner, Housing Development and Infrastructure Limited (HDIL), filed an arbitration petition under Section 9 of the Arbitration and Conciliati...

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Bombay High Court Dismisses Petition Challenging Redevelopment Scheme Under DCR 33(7) — Consents Verified and Video Recorded. Tenants Who Refused to Vacate Were Issued Notices Under Section 95A of MHADA Act, 1976; Court Found No Merit in Grievance.

The ten petitioners, occupants of a cessed structure on CS 1101, Khandia Street, Byculla, Mumbai, challenged a redevelopment scheme sanctioned by MHAD...

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Bombay High Court Allows Appeal Against Rejection of Temporary Injunction in Tender Cancellation Dispute. Court holds that the plaintiff has a prima facie case and balance of convenience in its favor regarding the cancellation of tender acceptance and forfeiture of earnest money.

The appellant, Sunil Mantri Realty Limited, filed an appeal against the order dated 29.09.2009 passed by the learned Joint Civil Judge Senior Division...

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Bombay High Court Dismisses Appeal by Municipal Corporation in Property Tax Refund Suit Filed by Co-operative Housing Society. Limitation for Refund Claim Runs from Date of Final Assessment Order, Not from Date of Payment, Under Section 23 of Limitation Act, 1963.

The Municipal Corporation of Greater Mumbai (MCGM) appealed against a decree passed by the City Civil Court, Mumbai, in a suit filed by Kalpita Enclav...