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High Court of Karnataka Considers Validity of RERA Order on Complaint Maintainability and Project Exemption. The Court Examines Whether a Project with Occupancy Certificate is Exempt from Registration Under Rule 4 of Karnataka Real Estate Rules.

The petitioner, a real estate promoter, challenged an order of the Karnataka Real Estate Regulatory Authority which rejected its application seeking d...

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Bombay High Court Upholds Jurisdiction of Civil Court in Possession Dispute Involving Family Members. Section 33 of Maharashtra Rent Control Act, 1999 Held Not to Bar Suit as Tenancy Question Not Directly Arising.

The appeal before the Division Bench of the Bombay High Court arose from an order of a learned Single Judge deciding a preliminary issue of jurisdicti...

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High Court of Bombay Determines Compensation in Land Acquisition References for MSRTC Bus Depot at Dahisar, Borivali. Comparable Land Sale Instances Analyzed to Fix Market Value Under Land Acquisition Act, 1894.

This matter involved a group of land acquisition references under Section 18 of the Land Acquisition Act, 1894, filed by land owners whose properties ...

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Bombay High Court Allows Appeal Against Rejection of Temporary Injunction in Tender Cancellation Dispute. Court holds that the plaintiff has a prima facie case and balance of convenience in its favor regarding the cancellation of tender acceptance and forfeiture of earnest money.

The appellant, Sunil Mantri Realty Limited, filed an appeal against the order dated 29.09.2009 passed by the learned Joint Civil Judge Senior Division...

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Bombay High Court Dismisses Petition Challenging Society's Transfer of Membership Based on Voluntary Relinquishment of Rights. Petitioner's claim of adoption and nomination defeated by her own affidavits and agreements admitting respondent as lawful heir.

The dispute pertains to a plot of land and flats in a cooperative housing society registered under the Bombay Co-operative Societies Act, 1925. The or...

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Bombay High Court Dismisses Bank's Petition Challenging Rejection of Plaint Rejection Application in SARFAESI Act Suit. Court Holds That Bar Under Section 34 of SARFAESI Act Is Not Absolute and Civil Court Retains Jurisdiction to Examine Legality of Proceedings.

The petitioners, Jalgaon Peoples Co-operative Bank Ltd. and its authorized officer, challenged an order dated 27.09.2016 passed by the 6th Joint Civil...

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High Court of Karnataka Quashes FIR Against Public Servant in Lokayukta Case for Lack of Sanction Under Section 19 of Prevention of Corruption Act, 1988. Criminal proceedings initiated without prior sanction from competent authority are void ab initio and cannot be sustained.

The petitioner, Mr. Thimmaiah, was arrayed as accused No.1 in Crime No.80/2015 registered by the Lokayukta Police, Bangalore Urban Division, for offen...

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Bombay High Court Allows Impleadment of Subsequent Purchaser in Suit for Specific Performance and Injunction — Applicant Claiming Title Through Subsequent Agreement Must Be Heard Before Final Orders.

The judgment arises from a chamber summons filed by Mugwort Land Holdings Pvt. Ltd. seeking impleadment as a party defendant in Suit No. 2823 of 2006,...

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Bombay High Court Allows Cooperative Housing Society's Petition Quashing MHADA Circular Imposing Additional Premium on Redevelopment. Circular dated 17-10-2007 held ultra vires and not applicable retrospectively to societies which had already obtained NOC, IOD, and Commencement Certificate.

The petitioner, Vishva-Villa Cooperative Housing Society Limited, a society registered under the Maharashtra Cooperative Societies Act, owned a plot o...