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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 Appeals Against Order of Reference to Arbitration in Suit for Specific Performance and Injunction. Court Holds That Disputes Involving a Housing Society and Its Members Regarding Development Agreement Are Arbitrable Under Section 8 of the Arbitration and Conciliation Act, 1996.

The judgment arises from two appeals filed against an order of a Single Judge of the Bombay High Court referring the parties to arbitration under Sect...

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Bombay High Court Dismisses Appeal in Land Acquisition Dispute for Lack of Jurisdiction. Civil Court lacks jurisdiction to entertain suit challenging acquisition under Land Acquisition Act, 1894, as remedy lies before Reference Court under Section 18.

The appellants, owners of a property in Agonda, Goa, filed a suit seeking withdrawal from acquisition of their plots and compensation of Rs. 1,20,00,0...

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Bombay High Court Dismisses PIL Challenging Development Permission and Parking Agreement for Hotel Tunga Regency. Court holds that the petitioner failed to establish any illegality or public interest violation in the grant of development permission and leave and license agreement for public parking plot.

The petitioner, Sandeep Sharadchandra Thakur, claiming to be a social activist, filed a Public Interest Litigation (PIL) before the Bombay High Court ...

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Bombay High Court Dismisses PIL Challenging Lease of Playground to Trust for School Construction. Lease of Public Land for Educational Purpose Held Valid as Playground Not Reserved as Recreational Ground in Development Plan.

The petitioners, residents of Oshiwara and Lokhandwala area of Mumbai, filed a Public Interest Litigation (PIL) on 13/08/2012 challenging the lease of...