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Section 6 Specific Relief Act – Proof of Possession Mandatory.

This case arose from a dispute over possession of a dispensary premises in Mumbai between family members. The plaintiffs claimed that they were in set...

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Bombay High Court Dismisses Petitioners' Challenge to Arbitration Award in Property Dispute — No Ground for Interference Under Article 227. Court upholds concurrent findings of fact by arbitrator and appellate tribunal regarding validity of agreements and possession.

The judgment arises from three writ petitions filed under Article 227 of the Constitution of India challenging an arbitral award and the appellate ord...

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Bombay High Court Allows Appeal in Specific Performance Suit — Agreement to Sell Not Proved as Concluded Contract. Document lacking vendor's signature and containing incomplete terms cannot be enforced under Section 16(c) of the Specific Relief Act, 1963.

The appellants (original defendants) challenged the trial court's decree for specific performance of an alleged agreement to sell dated 1st October 20...

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Bombay High Court Quashes Slum Land Acquisition Notification for Non-Compliance with Section 14(1) of Maharashtra Slum Act. Land Owner's Property Acquired Without Proper Application by SRA and Without Opportunity of Hearing.

The petitioner, Deena Pramod Baldota, is the owner of land bearing CTS No.355 (part) and other sub-numbers admeasuring about 5115.2 sq. meters situate...

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Bombay High Court Dismisses Writ Petition Challenging Slum Rehabilitation Authority's Cancellation of Letter of Intent for Non-Compliance. SRA's Power to Revoke LoI for Failure to Obtain 70% Consent and Complete Rehabilitation Upheld.

The petitioners, M/s. Platinum Realty and M/s. Jaihind SRA Cooperative Society (Proposed), filed a writ petition challenging the decision of the Slum ...

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Bombay High Court Dismisses Petition for Revocation of Letters of Administration in Succession Dispute. Petitioner fails to prove will or entitlement to flat as Letters of Administration validly granted to son of deceased.

The petitioner, Prakash P. Bambardekar, filed a petition under Section 263 of the Indian Succession Act, 1925 seeking revocation of Letters of Adminis...

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Bombay High Court Dismisses Developer's Section 9 Petition for Possession Against Tenant in Arbitration Dispute — Interim Relief Denied as Disputed Questions of Fact Require Trial

The petitioner, M/s. Gandhi Adhivitiya Combine, a developer, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking a...

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Bombay High Court Allows Developer's Petition in Property Dispute, Sets Aside Injunction on Construction. Court holds that the appellate court exceeded its jurisdiction by granting ad-interim injunction without considering balance of convenience and prima facie case.

The petitioner, Radhika Property Developers Pvt. Ltd., filed a writ petition under Article 227 of the Constitution of India challenging the judgment a...