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Bombay High Court Allows Refund of Advance Stamp Duty Paid on Unexecuted Deed of Assignment — Petitioner Entitled to Refund Under Section 48 of Maharashtra Stamp Act, 1958 as No Instrument Was Executed

The Petitioner, Kasthmandup Developers Pvt. Ltd., filed a Writ Petition under Article 226 of the Constitution of India challenging the order dated 01....

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Bombay High Court Quashes Deemed Conveyance Order Under MOFA Due to Lack of Notice to Developer. Section 11 of MOFA Requires Notice to All Parties Before Granting Unilateral Conveyance.

The petitioners, M/s. ACME Enterprises (a partnership firm) and its partner Mr. Ummedra K. Vardhan, challenged an order dated 26th November 2019 passe...

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Bombay High Court Dismisses Appeal Against Rejection of Plaint in Specific Performance Suit for Non-Disclosure of Cause of Action. Plaint Must Contain Material Facts Constituting Complete Cause of Action; Mere Filing of Suit Does Not Entitle Plaintiff to Interim Relief.

The case involves an appeal against an order rejecting the plaint in a suit for specific performance. The appellants, who were members of an associati...

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Bombay High Court Dismisses Appeal Against Refusal to Restore Appeal Dismissed for Breach of Undertaking. Undertaking given to court not to create third party rights in suit property is binding and its breach justifies dismissal of appeal.

The appellant, Shivaji Fakira Bhambare, was the defendant in Special Civil Suit No.41 of 2004 filed by the respondent, Dashrath Baburao Naik, seeking ...

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Bombay High Court Dismisses Petition Challenging Amendment in Partition Suit After Trial Commenced. Amendment to Add Properties and Parties Allowed as Not Changing Nature of Suit and Due Diligence Found.

The petitioners, original defendants in Special Civil Suit No. 160 of 2012, challenged orders dated 13/03/2019 allowing two applications (exhibit no. ...

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Bombay High Court Dismisses Second Appeal in Mortgage Redemption Suit — Concurrent Findings of Fact Not Interfered With. Court holds that the appellant failed to prove the mortgage and refusal to redeem, and no substantial question of law arises under Section 100 CPC.

The appellant, Gulabrao Vishwas Desai, filed a second appeal before the Bombay High Court against the judgment and order dated 3rd August 1988 passed ...

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Bombay High Court Dismisses Writ Petition Challenging CIDCO's Refusal to Grant Lease in Favour of Air India Employees' Cooperative Housing Society. Transfer of Land Allotted to Air India for Staff Quarters Requires Prior Permission of CIDCO Under New Bombay Disposal of Lands Regulations 1975.

The petitioners, a cooperative housing society formed by employees of Air India, sought a writ of mandamus directing CIDCO to grant a lease in their f...

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Bombay High Court Dismisses Petition Challenging Rejection of Impleadment Application in Suit Challenging MHADA Notice. The court held that the petitioner, a company, was not a necessary or proper party to the suit between tenants and MHADA and had no right to be impleaded.

The petitioner, Orbit Corporate Limited, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 9-2-2012 pass...