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Bombay High Court Dismisses Second Appeals by Developer in Possession Suits — Concurrent Findings of Fact Cannot Be Reopened Under Section 100 CPC. Suits for possession based on title and prior possession were decreed; no substantial question of law arose.

The appellant, M/s. Samruddhi Developers, a partnership firm, filed four second appeals under Section 100 of the Code of Civil Procedure, 1908, challe...

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Bombay High Court Dismisses Writ Petition Seeking to Restrain CIDCO from Enforcing Contractual Stipulation. Writ jurisdiction cannot be invoked to prevent a party to an agreement from insisting upon a contractual term.

The petitioner, M/s G.D.C. Buildcon Pvt Ltd., filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court seekin...

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Bombay High Court Allows Appeal Against Rejection of Plaint in Property Dispute — Agreement of Transfer and Re-conveyance Clause Requires Trial. Order VII Rule 11 CPC plaint rejection set aside as suit raises triable issues regarding clause 10 of 1957 agreement and plaintiff's transferee rights.

The appellant, Satish Talakchand Shah, filed a civil suit (Civil Suit No. 1708 of 2010) in the City Civil Court, Mumbai, seeking declaration of owners...

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Bombay High Court Allows Petitioner's Challenge Against CIDCO's Revocation of Change of User Permission — Doctrine of Promissory Estoppel Applied Against Public Authority. CIDCO Cannot Revoke Permission After Allottee Acts Upon It to Its Detriment.

The petitioner, M/s. Shree Ambica Developers, a sole proprietorship of Mr. Madeva Patel, was allotted Plot No. 1 in Sector 1, Kharghar, Navi Mumbai by...

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Bombay High Court Allows Writ Petition Challenging Cancellation of Land Allotment to Project Affected Person. Allotment of land in lieu of acquisition cannot be cancelled without affording opportunity of hearing and without valid reasons.

The petitioner's father was a project affected person whose agricultural land at Mouje Bhugaon, Taluka Mulshi, District Pune was acquired for the Veer...

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Bombay High Court Grants Interim Relief Under Section 9 of Arbitration Act in Developer-Society Dispute Over Land Development Agreement. Court holds that a valid arbitration agreement exists and that the petitioner has a strong prima facie case for protection of its rights under the MoU.

The petitioner, Spectrum Estates Private Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim relief ...

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Bombay High Court Allows Revision Application of Co-defendant in Suit for Declaration and Injunction — Deletion of Party Ordered Under Order 1 Rule 10 CPC. Co-defendant Against Whom No Relief Claimed is Not a Necessary Party.

The case involves two civil revision applications arising from a suit filed by Vidharbha Enterprises (plaintiff) against the Union of India and BSNL (...