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Bombay High Court Upholds Rejection of Interim Injunction in Slum Redevelopment Dispute. Acquisition Under Slum Act Extinguishes Rights of Original Owner, Leaving Only Compensation Claim; No Prima Facie Case for Injunction Against Society and Developer.

The appeal arose from a civil suit filed by Sharifa Begum Lalmohammed Shaikh seeking declaration and mandatory injunction against Khot Dongari Co-op. ...

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Supreme Court Allows Appeals Against High Court Order Restoring DRO's Cancellation of Patta in Favour of WSIL. Land Acquisition by State Vests Title Absolutely, DRO Cannot Adjudicate Title in Summary Proceedings.

The Supreme Court considered appeals against a Division Bench judgment of the Madras High Court that had restored an order of the District Revenue Off...

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Bombay High Court Dismisses Writ Petition of Co-operative Society Seeking Reservation in MHADA Commercial Complexes. Government Resolution dated 17 August 2002 does not apply to MHADA as it is not a local body or government undertaking under the resolution.

The petitioner, Jay Bhawani Sawamrojgar Seva Sahakari Sanstha Maryadit, a co-operative society of educated unemployed persons registered under the Mah...

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High Court of Karnataka Allows Excise Appeal, Upholds Transfer Fee Demand for CL-7 Licence Renewal Under Rule 17B of Karnataka Excise (General Conditions of Licences) Rules, 1967. Induction of Legal Heir of Deceased Partner Constitutes Transfer of Licence Requiring Payment of Transfer Fee.

The case involves a writ appeal filed by the Commissioner of Excise and Deputy Commissioner of Excise against an order of a learned Single Judge of th...

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Bombay High Court Allows Writ Petition by Resident Welfare Association Against Developer for Non-Payment of Adequate Compensation Under DCR 33(7). MHADA Directed to Determine and Enforce Compensation for Temporary Alternate Accommodation as Per Notarized Agreements.

The petitioner, Kagalwala Building Resident Welfare Association, representing residents of a building being redeveloped by respondent No.4 (Aaraaish D...

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Bombay High Court Allows Petition to Set Aside Termination of Arbitral Proceedings and Constitute New Arbitral Tribunal Under Sections 9 and 14 of Arbitration and Conciliation Act, 1996 — Delay Condoned Due to Sufficient Cause Shown by Legal Heirs of Deceased Partner.

The petitioners, Neeta Lalit Sanghavi and Hemanshu Lalit Sanghavi, are the legal heirs of the deceased partner, Lalitkumar Vanmalidas Sanghavi. They f...

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Bombay High Court Dismisses Appeal in Mortgage Redemption Suit — Tenant-Mortgagee Cannot Deny Landlord's Title. Court holds that a mortgage by a tenant in favour of the landlord is valid and the mortgagor's right to redeem subsists despite the mortgagee's acquisition of tenancy rights.

The suit property originally belonged to Arjun Nivrutti Darwade and his family. In 1939, the father of the appellants (original defendants) was induct...

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Bombay High Court Dismisses Appeal Against Appointment of Receiver in Suit for Specific Performance — Appellant's Alienation of Property During Pendency of Suit Held Contumacious. Doctrine of Lis Pendens Under Section 52 of Transfer of Property Act, 1882 Applied to Protect Plaintiffs' Rights.

The appeal arose from an order appointing a Receiver over a property in a suit for specific performance and permanent injunction. The plaintiffs (resp...