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Bombay High Court Allows Mill Worker's Petition Against Cancellation of Allotment Due to Non-Payment. Court Directs MHADA to Accept Payment and Hand Over Possession, Holding That Rejection of Extension Was Not Justified in Peculiar Facts.

The petitioner, Shamrav Dhondiba Kamble, a 76-year-old former mill worker, lost his job due to the 1982 mill strike and resided in his native village....

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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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Supreme Court Allows Cross-Appeals Against Remand Order in Arbitration Matter — Power of Appellate Court Under Section 37 of Arbitration Act Examined. The Court held that an appellate court under Section 37 cannot remand a Section 34 petition for fresh hearing but must decide the appeal on merits.

The dispute arose from a development agreement concerning a slum rehabilitation scheme in Mumbai. The appellant, Bombay Slum Redevelopment Corporation...

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High Court Dismisses Petition by Petitioner Challenging Membership Grant Under Maharashtra Co-operative Societies Act, 1960 -- Lease Conditions and Statutory Amendments Upheld in Favor of Respondents

The petitioner society filed a Writ Petition under Article 227 of the Constitution of India, challenging orders that granted membership to respondent ...

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High Court Allows Writ Petition Quashing Stamp Duty Order as Time-Barred and Without Jurisdiction Under Maharashtra Stamp Act, 1958 -- Development Agreement Not Deemed Conveyance Due to Subsequent Flat Purchaser Agreements

The petitioner,  filed a writ petition challenging an order dated 26 April 2014 passed by the Joint District Registrar and Collector of Stamps, P...

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Bombay High Court Allows Refund of Stamp Duty Paid Under Mistake of Law — Petitioner Entitled to Refund of Rs. 3,00,100/- for Electronic Stamps Purchased Under Wrong Scheme Code. Mistake of Law Does Not Bar Refund When Stamps Not Used and No Unjust Enrichment.

The petitioner, Manjeet Singh, filed a writ petition before the Bombay High Court seeking a refund of stamp duty paid under a mistake of law. The peti...

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Bombay High Court Dismisses Revision Against Eviction Decree in Rent Control Case — Bonafide Requirement of Landlord Upheld. Tenant's Claim of Availability of Alternate Premises Rejected as Landlord Cannot Be Compelled to Use Residential Premises for Commercial Purpose Under Maharashtra Rent Control Act.

The case involves a Civil Revision Application filed by the defendant-tenant (Parshuram Chunilal Kanojiya) challenging the eviction decree passed by t...

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Bombay High Court Quashes Charity Commissioner's Order Allowing Intervention in Trust's Section 36 Application. Right to be Heard Under Maharashtra Public Trust Act, 1951 Limited to Persons with Direct Interest in Trust Property.

The petitioner, Shree Khambhati Modh Vanik Samaj, is a public charitable trust registered under the Maharashtra Public Trust Act, 1950. It owns a prop...