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High Court Directs BBMP to Consider Apartment Owners' Complaint Against Building Licence Granted Over Common Amenity Area. Undivided Share in Entire Property Conveyed by Sale Deeds Includes Land Reserved for RWHU and STP; Builder Cannot Unilaterally Alter Approved Plan.

The petitioner, Keerthi Harmony Apartment Owners Association, challenged a building licence granted by the Bruhat Bengaluru Mahanagara Palike (BBMP) i...

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Supreme Court Allows Appeal in Possession Suit, Restores Concurrent Findings of Trial and First Appellate Court. High Court's Reversal Set Aside for Reappreciating Evidence Beyond Second Appeal Scope Under Section 100 CPC.

The case involves a dispute over possession of agricultural land. The plaintiff, Rajendra Kumar Gupta, filed a suit for recovery of possession based o...

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Bombay High Court Decides Reference on Difference of Opinion in Municipal Tax Assessment Case. Question of law regarding determination of annual letting value under Section 154 of Mumbai Municipal Corporation Act, 1888 for premises exempt under Maharashtra Rent Control Act, 1999.

This judgment is a reference to a third judge following a difference of opinion in an appeal against a Single Judge's decision in a writ petition conc...

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Bombay High Court Upholds Dismissal of Execution Petition as Time-Barred in Specific Performance Case. Dismissal of Appeal for Want of Prosecution Does Not Constitute Merger of Decree and Limitation Period Runs from Date of Trial Court Decree Absent Stay of Execution.

The dispute arose from a suit for specific performance of an agreement to sell agricultural land. The predecessor of the petitioners (plaintiff) had e...

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Supreme Court Dismisses Suit Seeking Declaration of Trust Over Wrestling Ground; Dedication for Promotion of Wrestling Not a Valid Charitable Trust Under Hindu Law. Dominant Purpose of Trust Was to Encourage Wrestling, Not a Religious or Charitable Purpose Recognized Under Hindu Law.

The dispute concerned a groveland in Kanpur with an Akhara (wrestling ground) and structures, which were dedicated by Mani Ram, a wrestler, for the pr...

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Supreme Court Adjudicates Appeal by Subsequent Purchasers Against Decree of Specific Performance of Agreement to Sell. High Court's Ruling That Original Vendees Were Entitled to Specific Performance Despite Contract Termination and Subsequent Sale Is Under Review.

These appeals before the Supreme Court arose from a common judgment of the High Court of Karnataka which allowed two appeals filed by the original ven...

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Bombay High Court Dismisses Appeal Against Rejection of Temporary Injunction in Specific Performance Suit. No Prima Facie Case for Injunction When Possession Not Delivered and Agreement Ambiguous.

The appellant, Sanjay Suganchand Kasliwal, proprietor of Kasliwal Construction, filed an Appeal from Order under Order 43 Rule 1(r) of the Code of Civ...

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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...