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Bombay High Court Allows Appeal by Cooperative Society Against Injunction in Suit for Declaration and Injunction Regarding Corporation Notice Under MMC Act — Held That Trial Court Failed to Consider Prima Facie Case and Balance of Convenience.

The appellant, Jaywant Industrial Premises Co-Operative Society Ltd., was a defendant in L.C. Suit No.825 of 2019 filed by the respondent, Sangeeta Ke...

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Bombay High Court Upholds Appointment of Court Receiver in Redevelopment Dispute Between Society, Developer, and Occupants. Court Directs Handover of Possession Subject to Payment of Compensation Under Development Agreement.

The appeal arose from a judgment of a learned Single Judge appointing the Court Receiver as Receiver of two flats occupied by the appellants and direc...

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High Court Rules on Unlawful Subletting: Transfer of Tenancy Disguised as Business Sale Invalid. Court highlights the misuse of tenancy rights and emphasizes protection of landlords under Bombay Rent Act.

The Bombay High Court ruled in favor of the petitioner, legal heirs, in a long-standing eviction dispute regarding unlawful subletting of commercial p...

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Bombay High Court Dismisses Appeal Against Injunction in Property Dispute Over Development Rights — Agreement for Sale Not Enforceable Without Registered Conveyance Deed.

The appeal arises from a suit filed by the original plaintiff, Smt. Nirmala Dhandukhlal Thakkar, seeking a permanent injunction restraining the appell...

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Supreme Court Allows Appeal in Santiniketan Construction Case - Appellants Wins Against Demolition Order - High Court's Direction for Demolition and Compensation Set Aside

The Supreme Court allowed the appeals filed by Appellants challenging the High Court's order directing demolition of their building in Santiniketan ar...

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High Court of Bombay Considers Writ Petition Against Co-operative Appellate Court's Award Directing Society to Pay Damages for Water Seepage. The Petition Challenges the Award of Rs. 46,78,562.50 for Recasting Overhead Terrace and Rs. 40 Lakhs Damages Under the Maharashtra Co-operative Societies Act.

The High Court of Judicature at Bombay heard a writ petition under Article 227 of the Constitution filed by a co-operative housing society and its cha...

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Bombay High Court Allows Arbitration Petition Under Section 8 of Arbitration and Conciliation Act, 1996 — Disputes Between Landowners and Housing Society Referred to Arbitration. Court Holds That Existence of Arbitration Clause in Development Agreement Mandates Reference Despite Pending Suit.

The petitioners, who are the trustees of Framjee Dinshaw Petit Parsee Sanitorium and owners of land on which a building for respondent No.1, a co-oper...

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Bombay High Court Dismisses Revision Against Eviction Decree in Rent Control Suit — Confirms Findings of Subletting and Non-User of Premises. Landlord's Eviction Suit Under Maharashtra Rent Control Act, 1999 Upheld as Tenants Failed to Prove Bona Fide Use and Consent for Subletting.

The case arises from a landlord-tenant dispute concerning Shop No.2 and rear portion of Shop No.1 in Supariwala Mansion, Parel, Mumbai. The original p...