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Bombay High Court Restrains Developers from Constructing Additional Buildings in Multi-Building Scheme Without Flat Owners' Consent Under MOFA. Disclosure of Potential Additional Construction Held Insufficient Where Specific Representations Were Made About FSI Utilisation and Layout.

The dispute centered on a 230-acre development known as the Powai Area Development Scheme (PADS), in which several cooperative housing societies of co...

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Bombay High Court Allows Eviction Suit Against MSEB in Rent Control Dispute — State Government Not the Tenant. The court held that MSEB was the tenant and the suit was maintainable, setting aside the concurrent decrees of the lower courts.

The petitioner, The Hong Kong & Shanghai Banking Corporation Limited (HSBC), filed a writ petition challenging the concurrent judgments of the Small C...

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Bombay High Court Acquits Multiple Accused in Dacoity Case Due to Unreliable Identification and Lack of Evidence. Convictions under Section 395 IPC set aside as test identification parade was not conducted and recovery of stolen property was not linked to the accused.

The case involves multiple appeals against a common judgment of the Additional Sessions Judge, Wardha, convicting several accused for offences under S...

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Bombay High Court Dismisses Appeal Against Arbitrator's Order Rejecting Interim Relief in Development Agreement Dispute. Court holds that scope of interference under Section 37 of Arbitration and Conciliation Act, 1996 is limited and does not extend to reappreciating prima facie findings of arbitrator.

The Petitioner, Della Developers Private Limited, entered into a Development Agreement dated 17th March 2006 with the Respondents, Noble Organics Priv...

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Bombay High Court Dismisses Landlords' Petition Challenging Small Causes Court's Power to Grant Injunction in Landlord-Tenant Dispute. Small Causes Court Has Jurisdiction Under Section 26 of Provincial Small Causes Court Act, 1887 to Grant Temporary Injunction Even When Third Party Claims Tenancy.

The case involves a writ petition filed by the landlords, Subhash s/o Stnarayan Joshi and another, challenging orders of the Small Causes Court and th...

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High Court of Karnataka Allows Appeal Under Section 454 Cr.P.C. — Sets Aside Confiscation of Rs. 25 Lakhs Deposited by Witness. Confiscation Order Held Without Authority of Law as Money Was Deposited Under Mistaken Order, Not as Fine or Penalty.

The appellant, Shamshad Ahamed, was a witness (PW-122) in a criminal trial (S.C. No. 430 of 2002) involving 33 accused charged with various offences u...