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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 Challenging Exemption Order Under ULC Act Due to Reservation in Development Plan — Petitioner Failed to Implement Scheme Despite Exemption, No Ground for Modification After Repeal of ULC Act.

The petitioner, Smt. Sitabai Ramchandra Lonkar, filed a Writ Petition under Article 226 of the Constitution of India challenging the order dated 13th ...

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Bombay High Court Allows Appeal Against Return of Plaint in Trespass Suit — Jurisdiction Must Be Decided on Plaint Averments, Not Evidence. The court held that under Order 7 Rule 10 CPC, a plaint can be returned only if the plaint itself shows lack of jurisdiction, not after a trial on evidence.

The appellant, Globe Theatres Pvt. Ltd., filed a suit in the Bombay City Civil Court for recovery of possession, injunction, and damages against the r...

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High Court of Bombay Allows University's Petition to Quash Consumer Forum Proceedings. Educational Services Not Covered Under Consumer Protection Act, 1986.

The petitioner, Maharashtra University of Health Sciences, a statutory university established under the Maharashtra University of Health Sciences Act,...

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Bombay High Court Dismisses Employer's Writ Petitions Challenging Rejection of Intervention in Industrial Dispute. Petitioners Not Necessary Parties Under Bombay Industrial Relations Act, 1946.

The case involves two writ petitions filed by Empress Mills, a unit of Maharashtra State Textile Corporation Limited, challenging orders passed in B.I...

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Bombay High Court Allows Landlords' Appeal in Rent Control Eviction Suit — Subletting and Unauthorised Construction by Tenant Established. Section 13(1)(e) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 applied as tenant's acts amounted to nuisance and subletting without consent.

The original plaintiffs, landlords of a premises in Thane, filed a suit for eviction against the tenant Shankar Parshuram Naik (since deceased, repres...