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Bombay High Court Allows Refund of Stamp Duty in Agreement Cancellation Case Due to Developer's Failure. Section 48(1) of Maharashtra Stamp Act does not bar refund when cancellation is for valid reasons and application is made within reasonable time.

The petitioners, Harshit Harish Jain and another, entered into an Agreement for Sale dated 30 August 2014 with M/s Krona Realties Private Limited for ...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With. Court holds that no substantial question of law arises when findings are based on appreciation of evidence and not perverse.

The case involves a second appeal filed by the original defendants (appellants) against the judgment and decree of the first appellate court which con...

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Bombay High Court Dismisses Developer's Interim Application in Development Agreement Dispute — Prima Facie Case Not Made Out as Agreement Was Terminated for Non-Performance. Specific Performance Claim Requires Trial; No Irreparable Loss Shown.

The Plaintiffs, Shantilal J. Shah and others, filed a suit seeking a declaration that a Development Agreement dated 25th September 2007 and an Irrevoc...

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Bombay High Court Dismisses Landlord's Writ Petition in Eviction Dispute Due to Lack of Perversity in Concurrent Findings. Supervisory jurisdiction under Article 227 not to be used to reappreciate evidence; landlord failed to establish bona fide requirement under Rent Act.

The case involves a landlord-tenant dispute where the petitioners (landlord's legal heirs) sought eviction of the respondents (tenants) from a propert...

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Bombay High Court Dismisses PIL Seeking Shelter for Senior Citizen Under Urban Land Ceiling Act — No Legal Right to Allotment from Developer's Excess Land. Petitioner Failed to Establish Any Enforceable Right Against Private Developer Under the Urban Land (Ceiling and Regulation) Act, 1976.

The petitioner, Surjit Kaur Hundal, a senior citizen claiming to belong to the weaker section of society and without shelter in Maharashtra, filed a w...

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Bombay High Court Dismisses Execution Application Filed by Claimant Against Respondent in Arbitration Matter — Decision by IMPPA Committee Not an Arbitral Award Under Arbitration and Conciliation Act, 1996.

The case involves a chamber summons filed by the respondent, Sanjay Dutt, seeking dismissal of an execution application filed by the claimant, Shakeel...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Direct Evidence and Unreliable Circumstantial Evidence. Conviction under Sections 302 and 201 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The appellant, Santosh Namdeo Bhukan, was convicted by the Additional Sessions Judge, Pune, for the murder of Vaishali Vinayak Kadam under Sections 30...

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Bombay High Court Dismisses Application for Appointment of Receiver in Family Property Dispute. Plaintiff Fails to Establish Prima Facie Case for Receiver When Property is in Possession of Defendants and Alternative Remedy of Partition is Available.

The plaintiff, Jayanand Jayant Salgaonkar, filed a suit for partition and accounts against his family members, including his mother, brothers, sisters...