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Bombay High Court Disposes of Challenge to Sections 17(2) and 32(1) Proviso of MMRDA Act by Consent. Land Acquisition by MMRDA Under Challenge: Petitioners Allege Unconstitutional Provisions in MMRDA Act, 1974.

The Bombay High Court heard and disposed of a group of matters comprising Writ Petition No. 841 of 2012, Public Interest Litigation No. 3 of 2011, and...

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Bombay High Court Examines Revocation of Consent Affidavits in Probate Suit Based on Misrepresentation and Duress. Court Finds Contradictory Evidence from Applicant Daughters, Noting Misrepresentation and Duress are Mutually Exclusive Defenses.

The dispute arose from the probate petition filed by Yohannan Thomas John, the executor of the Will of Ranchoddas Hiralal Agrawal, who died on 7 May 1...

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High Court of Karnataka Allows Appeal in Specific Performance Suit — Agreement of Sale Not Proved as Genuine and Enforceable. Plaintiff Failed to Establish Readiness and Willingness to Perform Contract Under Section 16(c) of Specific Relief Act, 1963.

The appeal arises from a suit for specific performance of an agreement of sale dated 12.04.2005. The plaintiff (respondent No.1) claimed that defendan...

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High Court of Karnataka Adjudicates Multiple Petitions Under Section 11 of Arbitration Act for Appointment of Sole Arbitrator in Loan Agreements. Petitions Filed by Financial Services Company Against Borrowers Under Loan and Security Agreements Containing Clause 21 Arbitration Clause.

The petitions were filed by Caterpillar Financial Services India Private Limited, a company incorporated under the Companies Act, 1956, against variou...

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Bombay High Court at Goa Dismisses Writ Petition Challenging Executing Court's Order Refusing to Recall Warrant of Possession Under Order XXI Rule 97 CPC. Executing Court's Discretion to Refuse Recall of Warrant After Delivery of Possession Upheld as No Material Irregularity Shown.

The petitioners, original decree holders in Execution Application No. 22/2008, filed a writ petition under Article 227 of the Constitution challenging...

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Bombay High Court Quashes Demand Notices for Transfer Premium in Lease Assignment Case. Co-operative Society's Assignment of Lease to Members Does Not Attract Transfer Premium Under MCGM Policy.

The petitioners, Homi Villa Co-operative Housing Society Limited and others, filed a writ petition under Article 226 of the Constitution of India befo...

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Bombay High Court Grants Probate of Will in Favor of Executor Despite Allegations of Suspicious Circumstances. Will executed by testatrix with firm signature and solicitor-drafted formality upheld as valid under Section 63 of Indian Succession Act, 1925.

The plaintiff, Chittaranjan N. Negandhi, sought probate of a Will dated 24th May 1973 left by his mother, Bhanumati Narottamdas Chapsi. Bhanumati died...