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Supreme Court Dismisses Tenant's Appeal in SARFAESI Act Case — Oral Tenancy After Mortgage Not Protected. Tenant's claim of tenancy based on oral agreement after mortgage creation cannot defeat bank's right to take possession under Section 14 of SARFAESI Act.

The present appeal arises from an order of the Chief Metropolitan Magistrate, Esplanade, Mumbai, dated 31.12.2014, rejecting the application of the ap...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Deemed Conveyance Under MOFA Due to Pending Title Dispute. Availability of Alternate Civil Suit Remedy Renders Writ Petition Under Article 227 Not Maintainable.

The petitioner, M/s. Blue Heaven Co-op Housing Society Ltd., filed a writ petition under Article 227 of the Constitution of India challenging the orde...

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Bombay High Court Dismisses Petition of Cooperative Housing Society Challenging Deemed Membership of Assignee. Transfer of Leasehold Interest Valid Under Maharashtra Cooperative Societies Act, 1960, Sections 22, 23, 24.

The petitioner, The New India Cooperative Housing Society Ltd., challenged concurrent orders of the Divisional Joint Registrar and Deputy Registrar un...

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Supreme Court Allows Landowner's Appeal in Arbitration Dispute Over Development Agreement Validity. Clause 18 of Development Agreement Held as Valid Arbitration Agreement Under Section 7 of Arbitration and Conciliation Act, 1996, Reversing High Court's Dismissal of Section 11 Application.

The dispute originated from a Development Agreement dated 29.05.2014 between the appellant landowner and respondent developer for construction of an a...

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Bombay High Court Dismisses Plaintiff's Revision Against Rejection of Decree on Admission in Property Dispute. Court Finds No Clear Admission of Title by Defendants in Previous Counter-Claims, Upholding Trial Court's Order Under Order XII Rule 6 CPC.

The Bombay High Court dismissed a Civil Revision Application filed by the Plaintiff challenging the Trial Court's order rejecting his application for ...

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Bombay High Court Quashes Deemed Conveyance Order in MOFA Dispute — Petitioner's Rights as Agreement Holder Ignored. Unilateral Conveyance Granted Without Notice to Petitioner Violates Principles of Natural Justice Under Section 11 of Maharashtra Ownership Flats Act, 1963.

The Petitioner, Gayatri Construction, a partnership firm, challenged an order dated 15 November 2022 and corrigendum dated 20 December 2022 passed by ...

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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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Supreme Court Upholds Lessors' Right to Building Constructed by Lessee Under Land Lease. Covenant to Deliver Building at Lease End Held Not Protected by Bombay Rent Act as Demise Was Only of Land.

In a dispute arising from a 21-year lease of land, the lessors granted a parcel of land to the lessees at a monthly rent of Rs. 50, with the lessees u...