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Bombay High Court Allows Appeal Against Interim Injunction in Suit for Cancellation of Sale Deeds. Consent order in previous suit does not create estoppel against defendants in subsequent suit for different reliefs.

The respondents-plaintiffs filed Special Civil Suit No. 102/2020 seeking cancellation of registered sale deeds, perpetual injunction, and alternativel...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Plaint in Suit for Possession Under Section 6 Specific Relief Act — Suit Filed Beyond Limitation of Six Months. Order 7 Rule 11 CPC Application Allowed as Plaint on Face Value Showed Suit Was Time-Barred.

The petitioners, Shri Anandraj S/o Khemraj Dhariwal and Smt. Santoshidevi wd/o Khemraj Dhariwal, filed a suit for restoration of possession under Sect...

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Bombay High Court Dismisses Second Appeal in Property Dispute, Upholds Prior Sale as Valid Despite Unregistered Deed. Subsequent Purchaser's Deed Declared Void Ab Initio Due to Notice of Earlier Sale Under Transfer of Property Act, 1882.

The dispute pertains to a portion of land admeasuring 1.70 hectares out of Survey No.13/1 of village Shelavli, Palghar. The plaintiffs (Respondent Nos...

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Bombay High Court Dismisses Writ Petition Seeking Reconveyance of Land Transferred for Electricity Sub-Station. Petitioner's claim of coercion and duress after ten years rejected as the transfer was a voluntary commercial transaction under a registered Deed of Transfer.

The petitioner, Goan Real Estate and Construction Pvt. Ltd., filed a writ petition under Article 226 of the Constitution of India seeking a writ of ma...

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Bombay High Court Allows Writ Petition Challenging Apex Grievance Redressal Committee Order in Slum Rehabilitation Case. AGRC's Reversal of Developer Termination Set Aside for Non-Application of Mind and Violation of Natural Justice.

The petitioner, Hanuman Nagar (Jogeshwari) SRA CHS (Proposed), is a society of slum dwellers residing on a plot in Jogeshwari, Mumbai. In 2006, the ma...

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Bombay High Court Grants Bail to Accused in POCSO Case Due to Delay in FIR and Lack of Prima Facie Evidence. The court found that the allegations did not prima facie establish the ingredients of the offences under the POCSO Act and IPC, and the appellant had no criminal antecedents.

The appellant, referred to as XYZ, filed a criminal appeal before the Bombay High Court against the rejection of his bail application in connection wi...

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Bombay High Court Dismisses Railway's Challenge to Temporary Injunction in Favour of Educational Society for Use of Approach Road. Court upholds appellate order restraining obstruction of road constructed on shivdhura of survey no. 348 based on Tahsildar's permission and prima facie findings.

The petitioners, officers of the Central Railway, challenged the judgment dated 21/1/2010 of the 4th Additional District Judge, Nagpur in MCA No. 230/...

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Bombay High Court Dismisses Writ Petition Challenging Arbitrator's Interim Order in Coal Transport Contract Dispute. Arbitrator's findings on committee report and weighment system held to be interim and not subject to writ jurisdiction under Articles 226 and 227 of Constitution of India.

The petitioner, M/s. Sanwal Coal Carriers, a proprietary concern, entered into a contract with Western Coalfields Limited (respondents) for driving pa...

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Bombay High Court Dismisses Petition Challenging Membership Grant to Flat Purchaser in Cooperative Housing Society. Section 23(2) of Maharashtra Cooperative Societies Act, 1960 mandates admission of purchaser as member upon transfer of share and interest in property.

The petitioner, Punam Cooperative Housing Society Ltd., challenged an order dated 31.3.2019 passed by the Divisional Joint Registrar, Cooperative Soci...