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Bombay High Court Allows Writ Petition Challenging Rejection of Deemed Conveyance Application Under MOFA — Holds That Competent Authority Cannot Reject Application on Grounds of Missing Documents After Issuing Notice, and That Lack of Occupation Certificate Is Not a Bar to Grant of Deemed Conveyance.

The petitioner, ALJ Residency Co-operative Housing Society Ltd., filed a writ petition under Article 227 of the Constitution of India challenging the ...

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Bombay High Court Dismisses Second Appeals by Developer in Possession Suits — Concurrent Findings of Fact Cannot Be Reopened Under Section 100 CPC. Suits for possession based on title and prior possession were decreed; no substantial question of law arose.

The appellant, M/s. Samruddhi Developers, a partnership firm, filed four second appeals under Section 100 of the Code of Civil Procedure, 1908, challe...

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Bombay High Court Allows Petition Challenging Stamp Duty Assessment on Flat Purchase Agreements. Agreements for sale of flats in a building under construction are agreements to sell, not conveyances, and stamp duty is to be assessed on the consideration stated in the agreement, not on market value.

The petitioner, M/s. Padmavati Construction Co., a partnership firm, was developing a plot of land in Chembur, Mumbai. The registered owner, Bombay Co...

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Bombay High Court Dismisses Appeal Against Trial Court's Finding of Pecuniary Jurisdiction in Suit for Declaration and Injunction. Court holds that valuation for jurisdiction is determined by the relief claimed in the plaint, not by the defendant's objections.

The appellant, Nehalchand Laloochand Pvt. Ltd., filed a suit in the Bombay High Court seeking a declaration that certain agreements were void and for ...

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Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Injunction and Possession. The court held that under Article 227 of the Constitution of India, interference with concurrent findings of fact is not warranted unless there is a perverse finding or patent error of law.

The petitioner, Zircon Venture Cooperative Housing Society Ltd., filed a writ petition under Article 227 of the Constitution of India challenging the ...