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Bombay High Court Allows Writ Petition Challenging ULC Act Proceedings — Proceedings Deemed Abated Under Repeal Act Due to Non-Completion of Vesting. Landowners' Successors Entitled to Benefit of Section 3 of ULC Repeal Act, 1999 as Physical Possession Not Taken.

The petitioners, Zainulabedin Abdul Razzak Kokni and others, filed a writ petition before the Bombay High Court challenging proceedings under the Urba...

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Supreme Court Dismisses Appeals in Partition Suit, Upholding High Court's Decree on Property Shares and Invalidating Compromise. Legal Heirs' Dispute Over Ancestral and Self-Acquired Properties Resolved with Shares Determined Under Hindu Law, and Compromise Set Aside Under Code of Civil Procedure, 1908.

The litigation originated from a partition suit filed by Charulata Sahoo (plaintiff) against her brother Prafulla Sahoo (defendant No. 1) and sister S...

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Supreme Court Allows Builder's Appeals in Consumer Cases, Sets Aside Refund Order. Clause 11.4 of Builder-Buyer Agreement Limits Developer's Liability to Refund Only if Agreement is Terminated; Allottees Not Entitled to Refund Without Termination.

The appeals arise from a common judgment of the National Consumer Disputes Redressal Commission (NCDRC) in ten consumer cases filed by allottees again...

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Bombay High Court Partly Allows Appeal in Lease Dispute, Reduces Mesne Profits Interest Rate. Court holds that interest on mesne profits should be at 6% per annum under Section 34 CPC, not 18% as awarded by trial court.

The appellant, Bandekar Brothers Pvt. Ltd., challenged the judgment and decree dated 16.04.2009 passed in Special Civil Suit No.62/1996 by the trial c...

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Bombay High Court Dismisses Petition Challenging Rejection of Amendment Application in Civil Suit — Amendment Sought After Trial Commenced Without Showing Due Diligence. Order VI Rule 17 CPC Proviso Bars Amendment After Trial Commences Unless Due Diligence is Shown.

The petitioner, Chandrashekhar Pandurang Tumsare, was the defendant in a civil suit. He filed an application under Order VI Rule 17 of the Code of Civ...

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Bombay High Court Dismisses Petition Challenging Exemption Order Under ULC Act Due to Reservation in Development Plan — Petitioner Failed to Implement Scheme Despite Exemption, No Ground for Modification After Repeal of ULC Act.

The petitioner, Smt. Sitabai Ramchandra Lonkar, filed a Writ Petition under Article 226 of the Constitution of India challenging the order dated 13th ...

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High Court of Karnataka Dismisses Applications for Appointment of Arbitrator in Pending Suits Under Section 8 of Arbitration Act. Court holds that Section 8 of the Arbitration and Conciliation Act, 1996 applies only before filing of first statement on substance of dispute, not to pending suits.

The petitioner, HMT Watches Ltd., filed writ petitions under Articles 226 and 227 of the Constitution of India challenging the orders passed by the Pr...