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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Hears Appeals Against Madras High Court’s Setting Aside of Alien...
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High Court

Bombay High Court Allows Appeal in Commercial Suit for Specific Performance — Agreement to Sell Not Frustrated by Non-Payment of Stamp Duty. Court holds that failure to pay stamp duty on an agreement to sell does not render the agreement void or unenforceable, and the plaintiff is entitled to seek specific performance subject to payment of deficit stamp duty and penalty.

22 Dec 2023

The appellant, Jay Kirtikumar Ashani, filed a Commercial Suit (No. 161 of 2022) for specific performance of an agreement to sell dated 15th October 20...

High Court

Bombay High Court Dismisses Petition Challenging Cooperative Court Order in Society Dispute — Upholds Jurisdiction of Cooperative Court Over Disputes Between Society and Members Under MCS Act, 1960. The court held that the dispute regarding common amenities and parking spaces between a cooperative housing society and its members is exclusively triable by the Cooperative Court under Section 91 of the Maharashtra Co-operative Societies Act, 1960, and civil court jurisdiction is barred under Section 163.

6 Dec 2023

The petitioners, Meru Heights Co-operative Housing Society Limited and its members, filed a writ petition challenging an order of the Cooperative Cour...

High Court

Bombay High Court Dismisses Writ Petition Challenging Cooperative Court Order in Housing Society Dispute — Upholds Jurisdiction of Cooperative Court Over Disputes Between Society and Members Under Maharashtra Co-operative Societies Act, 1960. The court held that any dispute touching the business of a cooperative society between the society and its members falls within the exclusive jurisdiction of the Cooperative Court under Section 91 of the MCS Act, and civil courts are barred under Section 163.

6 Dec 2023

The petitioners, Meru Heights Co-operative Housing Society Limited and its members, filed a writ petition challenging an order of the Cooperative Cour...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Temporary Injunction in Specific Performance Suit. No Prima Facie Case for Injunction When Possession Not Delivered and Agreement Ambiguous.

10 Nov 2023

The appellant, Sanjay Suganchand Kasliwal, proprietor of Kasliwal Construction, filed an Appeal from Order under Order 43 Rule 1(r) of the Code of Civ...

High Court

Bombay High Court Dismisses Writ Petition Challenging MHADA Order in Slum Rehabilitation Dispute. Court upholds MHADA's order directing petitioners to vacate and hand over possession of chawl rooms for redevelopment under Section 95A of the Maharashtra Housing and Area Development Act, 1976.

23 Oct 2023

The petitioners, who are residents of Mohamed Tajbhai Chawl in Mumbai, filed a writ petition under Article 226 of the Constitution of India challengin...

High Court

Bombay High Court Quashes FIR and Charge Sheet in Illegal Adoption Case Under Juvenile Justice Act — No Offence Made Out as Child Was Not 'Sold' or 'Bought'. Transfer of Child Between Biological Mother and Adoptive Parents Without Consideration Does Not Attract Sections 80 and 81 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

10 Oct 2023

The applicants, comprising the biological mother (applicant no.3) and the adoptive parents (applicants no.1 and 2), sought quashing of FIR No.0270/202...

High Court

Bombay High Court Allows Writ Petition Challenging Demolition Notice for Non-Compliance with DCR 2018 — Held that Construction Approved Prior to DCR 2018 is Not Subject to New FSI Restrictions. Vested rights of the petitioners were upheld as the building was substantially completed before the new regulations came into force.

26 Sep 2023

The petitioners, Sai Chintan C.H.S.LTD. and MPR Builders and Developers LLP, filed a writ petition challenging a demolition notice dated 20.12.2022 is...

High Court

Bombay High Court Dismisses Petition Challenging Rule M-3 of DCPR for Satara Region as Ultra Vires. Rule requiring 12m wide access road for plot subdivision is a valid development control regulation under MRTP Act, 1966 and does not amount to uncompensated acquisition.

23 Mar 2022

The petitioners, Suhas Shridhar Shahane and Subhash Kondiram Sawant, landowners in Satara, filed a writ petition under Article 226 of the Constitution...

High Court

Bombay High Court Dismisses Contempt Petition Against Municipal Corporation for Alleged Willful Disobedience of Orders — No Prima Facie Case of Contempt Made Out as Orders Were Not Clear and Specific.

3 Feb 2022

The petitioner, Shri Sayed Arshad Zaidi, as heir and legal representative of deceased Smt. Mehmood Fatima, filed a contempt petition under the Contemp...

High Court

Bombay High Court Quashes Chargesheet Against Retired Professor in University Departmental Enquiry — Delay and Lack of Sanction Render Proceedings Invalid. Post-retirement disciplinary proceedings initiated after superannuation without prior sanction under Maharashtra Civil Services (Pension) Rules, 1982, and with inordinate delay, are unsustainable.

18 Jan 2022

The petitioner, Dr. Dipak Vishwnathrao Muley, a retired Professor of Shivaji University, Kolhapur, challenged a chargesheet dated 28 August 2018 issue...

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