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Bombay High Court Dismisses State Appeal Against Maintainability of Suit Challenging Slum Acquisition Proceedings. Suit for Declaration of Title and Injunction Held Maintainable Despite Bar Under Section 42 of Maharashtra Slum Areas Act, 1971.

The State of Maharashtra appealed against an order dated 12 April 2016 passed by a learned Single Judge of the Bombay High Court in Suit No.2862 of 20...

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Bombay High Court Dismisses Arbitration Petition Challenging Unilateral Appointment of Arbitrator by Developer. Appointment of Arbitrator Without Mutual Consent Held Invalid Under Section 11 of Arbitration and Conciliation Act, 1996.

The petitioners, a proposed cooperative housing society and its members, entered into a development agreement with the respondent, a developer, for re...

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Bombay High Court Dismisses Judgment-Debtor's Challenge to Eviction Decree Execution in Slum Area Case. Execution of Pre-Existing Decree Does Not Require Permission Under Maharashtra Slum Areas Act, 1971 as Decree Was Passed Before Slum Notification.

The petitioner, Manohar Bhadade, was the judgment-debtor in a decree for eviction and possession passed in Regular Civil Suit No.42 of 2003 by the 2nd...

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Bombay High Court Dismisses Tenant's Petition in Eviction Suit for Arrears of Rent — Slum Area Declaration Does Not Oust Jurisdiction of Small Causes Court Without Prior Permission Under Section 22 of Maharashtra Slum Areas Act.

The petitioner, Hari Dhondu Gurav, was a monthly tenant in a room in Clement D'Souza Chawl, Mumbai, owned by the respondent, Jhonney Augustine Gomes. ...

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Bombay High Court Dismisses Arbitration Petition Against Housing Society and Flat Owners for Lack of Arbitrable Dispute. Dispute over alleged oral agreement for redevelopment of building not covered by arbitration clause in share certificate.

The petitioner, M/s Heritage Lifestyle & Developers Ltd., filed an arbitration petition under Section 11 of the Arbitration and Conciliation Act, 1996...

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Bombay High Court Upholds Validity of Maharashtra Entry Tax Act — State Legislature Competent to Levy Entry Tax on Goods Imported from Outside State. Levy of Entry Tax Under Entry 52 List II Not Repugnant to Central Sales Tax Act and Is a Reasonable Restriction Under Article 304(b).

The judgment pertains to a batch of writ petitions challenging the constitutional validity of the Maharashtra Tax on Entry of Goods into Local Areas A...