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Supreme Court Reinstates Criminal Proceedings in Land Fraud Case Under IPC and CrPC. High Court's quashing of FIR set aside as allegations of fraud, forgery, and cheating disclosed cognizable offences requiring investigation, irrespective of civil remedies under Specific Relief Act, 1963.

The Supreme Court heard connected criminal appeals arising from special leave petitions challenging a common judgment of the Karnataka High Court that...

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Gujarat High Court Dismisses Petition Challenging NA Permission Cancellation for Land of Restricted Tenure. Failure to Obtain Prior Consent Under Section 43 of Gujarat Tenancy and Agricultural Land Act, 1948 Renders NA Permission Void Ab Initio.

The petitioner, Shradhdha Land Corporation & Organisers, filed a Special Civil Application under Article 226 of the Constitution of India before the G...

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Bombay High Court Partly Allows Appeal in Specific Performance Suit, Orders Refund of Earnest Money with Interest. Plaintiff failed to prove readiness and willingness, but defendants cannot forfeit earnest money without proof of loss.

The original plaintiff filed a suit for specific performance of an agreement to sell dated 20.02.2008 in respect of a suit property admeasuring 70,000...

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Bombay High Court Upholds Cooperative Court's Order Terminating Lease for Violation of Bye-laws in Cooperative Housing Society Dispute. Leasehold rights terminated due to unauthorized construction and sub-letting without society's consent; purchasers' rights held subject to society's bye-laws.

The dispute pertains to leasehold rights over a plot in Vithalnagar Co-operative Housing Society Ltd. The society granted a lease of the plot to membe...

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Bombay High Court Allows Auction Purchasers' Petition in SARFAESI Act Case Due to Overriding Effect of Section 26E Over MVAT Act. Property Purchased in SARFAESI Auction Held Free from Prior Sales Tax Attachment Under Section 38C of MVAT Act.

The petitioners, Shailesh K. Bothra and Mukesh C. Karwa, were auction purchasers of a property sold by Cholamandalam Investment & Finance Co. Ltd. (pe...

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Bombay High Court Grants Interim Relief to Flat Purchaser Under Section 9 of Arbitration Act for Incomplete Flat Due to Struts. Developer directed to remove struts and complete flat within 12 weeks or pay compensation.

The petitioners, Shahveer Padam Kapadia and another, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim r...

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Bombay High Court Allows Writ Petitions Challenging Mutation Entries and Revenue Records in Land Dispute — Holds That Mutation Entries Do Not Confer Title and Revenue Authorities Must Follow Natural Justice Before Making Entries Affecting Rights.

The judgment concerns two writ petitions filed by individuals challenging mutation entries made in revenue records in respect of certain lands. The pe...

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Karnataka High Court Dismisses Review Petition in SC/ST Land Grant Case — No Error Apparent on Record. Review Petition against order in Writ Petition No.7988/2002 dismissed as the petitioner failed to establish any error apparent on the face of the record or grounds for review under Order 47 Rule 1 CPC.

The case arises from a review petition filed against the order dated 17.06.2013 in Writ Petition No.7988/2002. The original writ petition involved a d...

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Bombay High Court Quashes Competent Authority Order in MOFA Dispute — Failure to Provide Hearing Violates Natural Justice. Section 5A of MOFA Requires Notice and Opportunity of Hearing Before Directing Conveyance of Land to Society.

The petitioners, Mazda Construction Company, Maredia Enterprises, and Sultanabad CHS Ltd. (Proposed), challenged an order dated 11.04.2012 passed by t...