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Bombay High Court Dismisses Notice of Motion in Suit for Specific Performance — Plaintiffs Fail to Establish Prima Facie Case for Injunction Against Developer. Agreement for Sale Not Concluded as Essential Terms Remained Unsettled, No Enforceable Contract Under Specific Relief Act, 1963.

The plaintiffs, a group of 52 individuals, filed a suit for specific performance of an alleged agreement for sale of flats in a building to be constru...

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Bombay High Court Dismisses Petition to Set Aside Arbitral Award Under Section 34 of Arbitration and Conciliation Act, 1996 — No Patent Illegality Found. Arbitrator's Interpretation of Contractual Clauses Held Plausible and Not Open to Interference.

The petitioner, Jawaharlal Nehru Port Trust, challenged an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996, before the B...

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Bombay High Court Dismisses Petition to Set Aside Arbitral Award Under Section 34 of Arbitration and Conciliation Act, 1996 — No Grounds for Interference Established. Court Held That the Arbitral Tribunal's Findings Were Based on Evidence and Not Perverse, and the Petition Was Barred by Limitation.

The petitioner, Jawaharlal Nehru Port Trust, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside an arbitral ...

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Supreme Court Partially Allows Builder's Appeal in Consumer Dispute Over Forfeiture of Earnest Money — Reduces Forfeiture from 20% to 10% of Basic Sale Price. Court upholds NCDRC's power to strike down unconscionable contractual terms but modifies interest rate and forfeiture percentage based on facts.

The present appeal arises from a consumer complaint filed by the respondents (buyers) against the appellant (builder, Godrej Projects Development Limi...

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Bombay High Court Allows Appeal in Land Acquisition Case — Compensation Enhanced from Rs.275-300 to Rs.500 per sq.m. Based on Comparable Sale Deed and Development Potential. Market Value Determined Under Section 23 of Land Acquisition Act, 1894, with 20% Deduction for Development Charges.

The appellant, Nisar Ahmed Ramzan Momin, owned two plots of land in Village Nizampur, Bhiwandi, Thane, which were acquired by the State for a developm...

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Bombay High Court Hears Writ Petition Challenging Attachment and Proposed Sale of Residential Bungalow under Income Tax Act, 1961, on Ground of Limitation. Petitioner Contends That Tax Recovery Officer's Action Is Time-Barred Under Rule 68B of Second Schedule.

The petitioner, a 60-year-old Indian citizen, filed a writ petition under Article 226 of the Constitution of India seeking to quash and set aside the ...

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Bombay High Court Quashes Attachment and Sale of Residential Bungalow in Income Tax Recovery Proceedings. Order Beyond Limitation Period Under Rule 68B(3) of Second Schedule and Non-Compliance with Proclamation Requirements Render Sale Invalid.

The case involved a writ petition under Article 226 of the Constitution of India challenging the attachment and proposed sale of a residential bungalo...

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Bombay High Court Restrains Encashment of Bank Guarantee in Arbitration Dispute Between Contractor and Sub-Contractor. Court finds that invocation of bank guarantee was fraudulent and would cause irretrievable injustice to the petitioner.

The petitioner, Simplex Infrastructure Limited, a civil and structural construction company, entered into a sub-contract with respondent No. 1, Siemen...