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Bombay High Court Allows Writ Petition Challenging Condition No. 5 of NOCs for Redevelopment Projects — Condition Imposing Payment of Expenditure Incurred by Board Held Unauthorized and Without Legal Basis. Court directs refund of amounts paid under protest pursuant to the impugned condition.

The Petitioner, Chandulal Jorawarmal Mehta, a sole proprietor of Mehta Developers, filed a Writ Petition under Article 226 of the Constitution of Indi...

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High Court of Judicature at Bombay Examines Challenge to MahaRERA Adjudicating Officer Order in Real Estate (Regulation and Development) Act, 2016 Matter. Petition Filed Under Article 226 Seeking Quashing of Compensation Order on Ground of RERA Registration Exemption for Part Occupancy Certificate Phase.

The matter concerned a challenge under Article 226 of the Constitution to an order of the Adjudicating Officer, Maharashtra Real Estate Regulatory Aut...

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Bombay High Court Dismisses Second Appeal; Upholds Finding that Suit for Specific Performance Is Barred by Limitation. Court Rules Plaintiff Failed to Prove Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963 and Article 54 of Limitation Act, 1963.

The case arose from an agreement dated 6.10.1997 between the appellant, Rajesh Dayaldas Narwani, and the respondent, Kanayalal D. Bablani, whereby the...

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Supreme Court Considers Whether Lift Installation Contracts Are 'Works Contract' or 'Sale of Goods' for Sales Tax Purposes. The Matter Was Referred to a Larger Bench to Resolve Conflict Between Prior Rulings and to Determine the Applicability of the Predominant Intention Test After Recent Judgments.

The matter stems from multiple writ petitions and civil appeals challenging the classification of contracts for manufacture, supply and installation o...

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High Court of Bombay Considers Second Appeals in RERA Delayed Possession Matter. Builder Challenges Appellate Tribunal's Direction to Pay Interest at 10.05% p.a. from February 2014.

These Second Appeals were filed before the High Court of Judicature at Bombay by Runwal Constructions, a registered partnership firm, challenging the ...

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Bombay High Court Allows Appeal by Cooperative Society Against Injunction in Suit for Declaration and Injunction Regarding Corporation Notice Under MMC Act — Held That Trial Court Failed to Consider Prima Facie Case and Balance of Convenience.

The appellant, Jaywant Industrial Premises Co-Operative Society Ltd., was a defendant in L.C. Suit No.825 of 2019 filed by the respondent, Sangeeta Ke...

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Bombay High Court Considers Whether Allottee's Withdrawal Right Under RERA Section 18 Is Unqualified After Possession with OC Was Offered; Questions If Such Possession Must Be Litigation-Free Under Section 19(10)

The dispute arose under the Real Estate (Regulation and Development) Act, 2016 between a common developer and four sets of allottees for flats in proj...

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Bombay High Court Quashes DV Act Proceedings for Lack of Domestic Relationship — Interim Maintenance Set Aside. Marriage Without Cohabitation in Shared Household Does Not Constitute Domestic Relationship Under Section 2(f) of Protection of Women from Domestic Violence Act, 2005.

The petitioners, Dr. Akshay Lakhotiya, his father Navalkishor, and mother Kiran, filed two criminal writ petitions challenging proceedings under the P...

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Bombay High Court Allows Wife's Petition Challenging Reversal of Maintenance Under Domestic Violence Act. Appellate court erred in setting aside maintenance without considering wife's entitlement under Section 20 of Protection of Women from Domestic Violence Act, 2005.

The petitioner, Madhura Milind Gadgil, married respondent No.1, Milind Neelkant Gadgil, on 26 May 1990. A daughter was born on 5 July 1991. In 1997, t...