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Bombay High Court Examines Arbitrability of Disputes Between Developer and Non-Signatory Member of Cooperative Society Under Development Agreement. Issue Involves Permissibility of Invoking Arbitration Clause Against Dissenting Member Not Party to Agreement.

The dispute arose from the redevelopment of a cooperative society's building in Mumbai. The applicant, a developer, entered into a Development Agreeme...

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Supreme Court Quashes FIR in Criminal Trespass and Damage Case Due to Vague Allegations and Delay. Court holds that FIR lacking specific date of incident and filed after 39 days without explanation, coupled with site plan showing no damage to complainant's property, amounts to abuse of process of law.

The Supreme Court allowed an appeal by special leave against the order of the Chhattisgarh High Court dismissing a petition under Section 482 CrPC for...

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Bombay High Court Dismisses Petition Seeking Occupancy Certificate and Refund of Security Deposit in CIDCO Development Dispute. Court holds that the developer failed to comply with development control regulations and that the petition was not maintainable due to disputed facts and alternative remedies.

The petitioners, La'BuilDe Associates and its managing partner Bhagvanji Raiyani, filed a writ petition under Article 226 of the Constitution of India...

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Supreme Court Upholds CRZ Violations in Maradu Municipality Construction Case — Coastal Zone Management Authority's Powers Affirmed. Construction in CRZ-III No Development Zone Without Prior Concurrence of Authority Violates Environment Protection Act, 1986 and CRZ Notification 1991.

The appeals were filed by the Kerala State Coastal Zone Management Authority (KCZMA) against the judgment of the Kerala High Court which had allowed w...

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Bombay High Court Allows Appeal Against Refusal of Injunction in Municipal Demolition Case — Structure Claimed to Be Pre-1962 Protected Property. Court Holds That Prima Facie Case for Interim Relief Exists Where Structure Allegedly Existed Prior to Cut-Off Date Under Section 351 of MMC Act, 1888.

The appellant, M/s Masjid Wa Madrasa Fatimatu Zohra (Ra) Trust, filed an appeal against an order of the City Civil Court, Mumbai, dated 21 September 2...

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Bombay High Court Allows Appeals, Remands Case for Fresh Assessment, Clarifies Taxability of Unauthorised Structures and Reassessment of Land. Unauthorised Structures Held Liable to Property Tax Under Mumbai Municipal Corporation Act, 1888, While Land Already Assessed Cannot Be Reassessed.

The four first appeals before the Bombay High Court arose out of orders passed by the Small Causes Court in municipal appeals concerning the fixation ...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Specific Performance Dispute. Court upholds arbitrator's discretion to deny specific performance and award damages instead, finding no grounds for interference under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, Rolta India Ltd., challenged an arbitral award dated 8th December, 2010 under Section 34 of the Arbitration and Conciliation Act, 1996...

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Bombay High Court Upholds Maintainability of Civil Suit Challenging MRTP Act Notice — Preliminary Issue Under Section 9A CPC Decided in Favor of Plaintiff. Court holds that bar under Section 149 of MRTP Act does not apply to notices under Section 53(1) of the Act.

The petitioner, Prathamesh Tower Cooperative Housing Society Limited, challenged an order passed by the trial court on a preliminary issue under Secti...

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Bombay High Court Admitted Writ Petition Challenging Cooperative Appellate Court's Order in Redevelopment Dispute. Interim Relief Granted for Possession of Flats in Ready Building Despite Opposition from Some Members.

The writ petition was filed by a cooperative housing society ('Godi Kamgar Griha Sanstha Ltd.') and its developer ('Bharat Infrastructure & Engineerin...