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Bombay High Court Dismisses Appeal Against Rejection of Plaint in Specific Performance Suit for Non-Disclosure of Cause of Action. Plaint Must Contain Material Facts Constituting Complete Cause of Action; Mere Filing of Suit Does Not Entitle Plaintiff to Interim Relief.

The case involves an appeal against an order rejecting the plaint in a suit for specific performance. The appellants, who were members of an associati...

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Bombay High Court Directs Municipal Council to Demolish Unauthorised Construction in Neighbour Dispute — Upholds Duty of Municipal Authority Under MRTP Act Despite Pending Civil Suit. Writ Petition Maintainable as Municipal Authority's Statutory Duty is Independent of Civil Court Proceedings.

The petitioners, flat purchasers residing in Baramati, Pune, filed a writ petition under Article 226 of the Constitution of India seeking a directive ...

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Bombay High Court Allows Appeal in Part in Flat Purchase Dispute — Earnest Money Refund with Daily Fine and Compound Interest Upheld but Reduced. Clause 4 of Agreement for Construction and Sale Held to Be a Valid Forfeiture Clause, Not a Penalty, Under Section 74 of the Indian Contract Act, 1872.

The plaintiff, Dr. Jagdish J.N. Counte, entered into a written agreement dated 13.4.96 with the defendant, M/s. Carl Estate Private Limited, for the p...

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Bombay High Court Dismisses Petition Challenging Demolition of Unauthorized Structure Under MRTP Act — Petitioner Failed to Produce Valid Documents to Establish Legality of Construction.

The petitioner, Jitendra Gorakh Megh, filed a writ petition under Article 226 of the Constitution of India challenging the demolition of his bungalow ...

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Bombay High Court Dismisses Contempt Petition for Alleged Violation of Status Quo Order in Arbitration Dispute. Status Quo Order Ambiguous and Not Willfully Disobeyed by Respondents in Sale of Flats Under Section 9 of Arbitration and Conciliation Act, 1996.

The judgment arises from a contempt petition filed by Amkhim Holdings Pvt. Ltd. and Vasant Kotak & Bros. Trading & Investments Pvt. Ltd. against respo...

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Bombay High Court Sets Aside Deemed Conveyance Order Under MOFA as Bifurcation Under MCS Act Already Vests Land. Section 17(2) of MCS Act Operates as Automatic Conveyance, Precluding Jurisdiction Under Section 11(3) of MOFA.

The dispute arose from a bifurcation of a co-operative housing society and a subsequent claim for deemed conveyance. The original society, Happy Homes...

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Supreme Court Allows Revision Petition in Consumer Execution Proceedings. Holds that Execution is Continuation of Consumer Dispute Under Section 21(b) of Consumer Protection Act, 1986.

The present Civil Appeal arose out of execution proceedings initiated by the Respondent-Complainant, K. A. Nagamani, against the Appellant, Karnataka ...