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Madras High Court Allows Revision Petition to Strike Off Plaint in Owners Association Dispute — Suit Barred by Tamil Nadu Apartment Ownership Act, 1994 and Specific Relief Act, 1963. Owners Association lacked authority to sue for common areas; proper remedy was under the Act or arbitration.

The case involves a civil revision petition filed by Hiranandani Amalfi Owners Association (petitioner) under Article 227 of the Constitution of India...

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High Court of Karnataka Quashes Tender Notification in Lalbagh Entry Fee Collection Case — Violation of Transparency and Level Playing Field. Fresh Tender Directed with Revised Conditions to Ensure Fair Competition Under Article 14 of the Constitution.

The petitioner, Karnataka Commercial and Industrial Corporation Pvt. Ltd., a private limited company engaged in manpower services and collection of en...

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Supreme Court Quashes Municipal Corporation's Mandamus for Land Acquisition Due to Lapsed Reservation and Financial Incapacity. Reservation under Development Plan Lapsed Under Section 127 of MRTP Act, 1966, and Acquisition Not Mandated as Corporation Lacked Funds Under RFCTLARR Act, 2013.

The dispute involved a land reservation under the Kolhapur development plan sanctioned in 1999 for public purposes like parking and garden. The landow...

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Bombay High Court Dismisses Petition Challenging Ganesh Idol Installation and Road Closure. Temporary road closure for religious festival is permissible under police powers and municipal byelaws, balancing public convenience and religious sentiments.

The petitioners, residents and a builder, filed a writ petition challenging the installation of a Ganesh idol and the closure of a road in Pune by the...

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Bombay High Court Dismisses Appeal Against Decree of Specific Performance in Development Rights Dispute. Agreement for Sale of Development Rights Held Enforceable and Not Barred by Limitation or Registration Requirements.

The case involves a commercial appeal arising from a suit for specific performance of an agreement dated 10th March, 2003. The appellant, Samir Narain...

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Bombay High Court Dismisses Summary Judgment in Security Deposit Recovery Suit — Triable Issues Raised on Forfeiture Clause and Interest Claim. Leave and Licence Agreement's Clause 14(c) Permitting Forfeiture of Deposit for Overstay Creates Triable Issue, Precluding Summary Judgment Under Order 37 CPC.

The plaintiff, RMC Readymix (I) P.ltd, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Kanayo Khubcha...

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Bombay High Court Dismisses Review Petition in Nariman Point Car Parking Project Case — No Error Apparent on Record. Review jurisdiction under Order 47 Rule 1 CPC is limited to errors apparent on the face of the record and cannot be used as an appeal.

The petitioners, Nariman Point Association and another, filed a review petition under Article 226 of the Constitution read with Order 47 Rule 1 of the...