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Bombay High Court Dismisses Developer's Challenge to Deemed Conveyance Under MOFA in Favor of Housing Societies. The Court held that the Competent Authority has jurisdiction to grant deemed conveyance under Section 11 of MOFA even if the developer retains development rights over part of the land.

The Petitioner-Developer, Kiran Builders Pvt. Ltd., challenged an order dated 15 May 2017 passed by the District Deputy Registrar, Co-operative Societ...

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High Court of Karnataka Quashes Order Allowing Substitution of Legal Representatives in Suit for Declaration of Will as Void — Order Passed Without Notice to Plaintiffs Violates Principles of Natural Justice and Order XXII Rule 5 CPC.

The petitioners, Smt. Sarojini and Kempanna, were defendants in O.S. No.342/2017 filed by Smt. Tayawwa before the Principal Civil Judge and J.M.F.C, G...

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High Court of Karnataka Allows Appeal in Property Injunction Case — Trial Court Erred in Dismissing Injunction Applications Without Considering Prima Facie Case and Balance of Convenience. Order 39 Rule 1 and 2 CPC — Court Held That Plaintiff's Possession and Title Must Be Protected Pending Suit.

The appellant, Smt. Jagadishwari, filed a Miscellaneous First Appeal under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908 (CPC) against the o...

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Bombay High Court Allows Writ Petition Challenging Land Acquisition for Non-Payment of Compensation Under Land Acquisition Act, 1894. Acquisition Lapses as Compensation Not Paid Within Five Years Despite Possession Taken.

The petitioners, original owners of land at Roadpali, Taluka Panvel, District Raigad, challenged the acquisition of their land by CIDCO under the Land...

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Supreme Court Upholds Reinstatement of Teacher in Private Aided School — Writ Maintainable Against Body Performing Public Duty. Termination Without Prior Approval of Education Authority Held Illegal Under Delhi School Education Act, 1973.

The appeal arose from a dispute between Marwari Balika Vidyalaya (appellant-school) and Asha Srivastava (respondent-teacher). The respondent was appoi...

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Bombay High Court Dismisses Petition Challenging Addition of Party in Electricity Dues Suit. Addition of Petitioner as Defendant No.2 Upheld Under Order I Rule 10 CPC to Avoid Multiplicity of Proceedings and Effectuate Decree.

The petitioner, M/s Manidhari Air Products, challenged an order of the trial court allowing an application under Order I Rule 10 read with Section 151...

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Bombay High Court Dismisses Petition Challenging Withdrawal of Suit with Liberty to File Fresh Suit Under Order XXIII Rule 1 CPC. Trial Court's Discretion Upheld as No Abuse of Process Found — Plaintiff Permitted to Withdraw Suit for Declaration and Injunction Due to Formal Defects, Subject to Costs.

The petitioner, Ahemadbee Ashrafmiya Shaikh, was the original defendant No. 2 in Regular Civil Suit No. 26 of 2005 filed by respondent No. 1, Yusuf Fa...