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Bombay High Court Allows Appeal in Specific Performance Suit — Injunction Granted Against Alienation of Property. Development Agreement for Cessed Building Confers Prima Facie Rights; Balance of Convenience Favors Developer.

The appeal arises from an order of a learned Single Judge declining relief in a Notice of Motion taken out by the appellants in a suit for specific pe...

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Bombay High Court Allows Redevelopment Project Despite Narrow Road Width, Applies Promissory Estoppel Against Municipal Corporation. MCGM Estopped from Refusing Permission After Granting Initial Approval and Petitioner Acting to His Detriment.

The petitioner, Gufran Suleman Qureshi, proprietor of M/s Sirsiwala Realty, sought redevelopment of a building in Mumbai. The Municipal Corporation of...

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Supreme Court Restores Murder Conviction in Land Dispute Case. High Court's Conversion to Grievous Hurt Set Aside as Accused Was Aggressor, Not Acting in Private Defence.

The case arises from a land dispute in village Gowa Khurd, Nagaur, Rajasthan. On 14.8.1981, an altercation occurred between the complainant party and ...

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Bombay High Court Allows Appeal in Tenancy Dispute — Section 32M Certificate Conclusive Proof of Ownership. Certificate issued under Section 32M of Bombay Tenancy and Agricultural Lands Act, 1948 is conclusive evidence of tenant's purchase and civil court cannot ignore it.

The appellant, Pushpalata Narayan Thorbole, filed a second appeal against the judgment and decree dated 1.4.2014 passed in Regular Civil Appeal No. 14...

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Bombay High Court Dismisses Suit Challenging Income Tax Order for Lack of Jurisdiction Under Section 269UN of Income Tax Act, 1961. Jurisdiction of Civil Court Barred as Appropriate Authority's Order Under Chapter XXC Is Final and Conclusive.

The plaintiff, Sasmita Investments Ltd., filed a suit in the Bombay High Court challenging an order passed by the Appropriate Authority under Chapter ...

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Bombay High Court Dismisses Petition Challenging Cooperative Court Orders in Property Dispute Between Member and Housing Society. Member's claim for plot allotment fails as cancellation by NIT and subsequent sale to third party upheld due to member's failure to construct within stipulated time.

The petitioner, a member of the respondent Nagpur Cooperative Housing Society Ltd., was allotted plot No.122 by the Society, which had obtained 13 plo...

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Supreme Court Allows State to Enhance Royalty/Dead Rent in Mining Leases Despite Absence of Express Clause. Statutory Provisions Under Section 15(3) of MMDR Act and Rules 10 and 21 of Punjab Minor Mineral Concession Rules, 1964 Impliedly Authorize Enhancement During Subsistence of Lease.

The Supreme Court considered two civil appeals arising from Special Leave Petitions filed by the State of Haryana against judgments of the Punjab and ...