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Bombay High Court Restrains Developers from Constructing Additional Buildings in Multi-Building Scheme Without Flat Owners' Consent Under MOFA. Disclosure of Potential Additional Construction Held Insufficient Where Specific Representations Were Made About FSI Utilisation and Layout.

The dispute centered on a 230-acre development known as the Powai Area Development Scheme (PADS), in which several cooperative housing societies of co...

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High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Upholds Trial Court Decree for Execution of Sale Deed. Agreement of Sale Dated 02.08.2007 Proved by Plaintiff; Defendants Failed to Discharge Burden of Proof Under Section 16(c) of Specific Relief Act, 1963.

The appellants (defendants) challenged the judgment and decree dated 20.10.2012 passed by the Senior Civil Judge, Channarayapatna, in O.S. No. 4/2008,...

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Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

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Bombay High Court Holds that Copyright Society Cannot Demand Royalty for Sound Recording Broadcasts from FM Radio Stations. Sound Recording Copyright Prevails Over Underlying Works Once Incorporated, Thus IPRS Not Entitled to Licence Fee for Broadcasts.

Background: The dispute involved the right of a copyright society (IPRS) to demand royalties from an FM radio broadcaster for broadcasting sound recor...

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Bombay High Court Grants Declaration in Favor of FM Broadcaster Against Copyright Society. Court Rules That Defendant Cannot Demand Royalty for Broadcast of Sound Recordings Under Copyright Act, 1957.

The suit was filed by Music Broadcast Private Limited, a company operating FM radio stations across India, against Indian Performing Right Society Lim...

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Karnataka High Court Dismisses Second Appeal in Property Injunction Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for permanent injunction dismissed as plaintiff failed to prove possession and title over suit property.

The appellant, Smt. Sujatha, filed a suit for permanent injunction in O.S. No. 81/2004 before the Civil Judge (Jr. Dn.) and JMFC, Shiggaon, seeking to...