Search Results for "Constructed Property Ownership"

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Bombay High Court Dismisses Appeals Against Order of Reference to Arbitration in Suit for Specific Performance and Injunction. Court Holds That Disputes Involving a Housing Society and Its Members Regarding Development Agreement Are Arbitrable Under Section 8 of the Arbitration and Conciliation Act, 1996.

The judgment arises from two appeals filed against an order of a Single Judge of the Bombay High Court referring the parties to arbitration under Sect...

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Bombay High Court Dismisses Revision Against Waqf Tribunal Order, Upholds Concurrent Findings on Waqf Property. Court holds that Civil Court has no jurisdiction to entertain suit regarding waqf property in view of Section 85 of the Maharashtra Waqf Act, 1995.

The applicant, Linker Shelter Pvt. Ltd., filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging the or...

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Bombay High Court Allows Appeal Against Injunction in Property Dispute — Finds No Prima Facie Case for Restraining Construction on Non-Common Area. Court holds that disputed property was not part of common amenities and society failed to prove exclusive ownership over the suit land.

The case involves an appeal from an order granting temporary injunction in favor of the respondent, Kavita Coop Housing Society Ltd., restraining the ...

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Bombay High Court Dismisses Appeal Against BMC Demolition of Unauthorized Structure in Jira Galli. Notice Under Section 314 of Mumbai Municipal Corporation Act, 1988 Held Valid as Structure Was on Street and No Prior Notice Required.

The appellant, Bashir Nazir Sayyed, was the original plaintiff who filed a suit in the City Civil Court at Bombay seeking a declaration that a notice ...

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Bombay High Court Dismisses Second Appeal in Possession Suit — Concurrent Findings of Fact Not Disturbed. Plaintiff failed to prove title and encroachment over 2 gunthas of land; courts below held that defendant had acquired title by adverse possession.

The plaintiff, Kisanlal Maniklal Rathi, filed a suit for possession of 2 gunthas of land from survey no. 75/4-A at Nandura, claiming ownership through...

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Bombay High Court Quashes Minister's Order in Land Area Correction Dispute — Remands for Fresh Consideration Due to Violation of Natural Justice. Petitioner's challenge to area correction based on 2018 report succeeds as Minister failed to consider 2010 report and denied opportunity to cross-examine.

The petitioner, Rolland Stanislaus Britto, filed a writ petition challenging an order dated 21 June 2021 passed by the Minister-Revenue, Maharashtra, ...