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Bombay High Court Upholds Specific Performance of Agreement for Sale in Favor of Flat Purchaser Against Developer and Subsequent Purchasers. Agreement for Sale dated 6th March 1980 declared valid and binding, subsequent agreement dated 4th April 1988 declared bogus and invalid.

The case involves a dispute over the specific performance of an agreement for sale of a flat. The flat purchaser, Dr. Arun Subrao Prabhu, entered into...

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Bombay High Court Allows Second Appeal in Property Suit — Non-Consideration of All Issues by Lower Appellate Court Raises Substantial Question of Law. The lower appellate court failed to consider all issues arising from the plaintiff's pleadings as considered by the trial court, warranting remand.

The case involves a second appeal filed by the appellants (plaintiffs) against the judgment of the lower appellate court which reversed the trial cour...

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Bombay High Court Grants Bail to Accused in Bhima Koregaon UAPA Case on Medical Grounds — Age and Health Conditions of 83-Year-Old Petitioner Considered. Court held that prolonged incarceration violates Article 21 right to life and health, granting bail under Section 439 CrPC and Section 43D(5) UAPA.

The petitioner, Dr. P. Varavara Rao, an 83-year-old poet and activist, was arrested in connection with the Bhima Koregaon case and charged under the U...

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Bombay High Court Allows Writ Petition Challenging MRT Order Setting Aside SDO's Possession Order Under Section 120(c) of MTAL Act — MRT Exceeded Jurisdiction by Entertaining Revision Beyond Limitation and Allowing Amendment Without Notice.

The petitioner, a Public Trust registered under the Bombay Public Trust Act, owned agricultural land survey 209 admeasuring 35 acres at mouza Umarkhed...

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Bombay High Court Allows Appeal in Railway Accident Claim Case — Mother and Wife Held to be Dependents Under Section 123(b) of Railways Act, 1989. Tribunal erred in denying compensation to mother and wife of deceased passenger who died from accidental fall from train.

The case involves an appeal under Section 23 of the Railway Claims Tribunal Act, 1987, challenging the order dated 18th July 2014 passed by the Railwa...

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Bombay High Court Quashes Income Tax Order Under Section 281 for Lack of Notice to Transferee. Transfer of Property by Assessee Held Not Void Against Bona Fide Purchaser Without Notice of Pending Proceedings.

The petitioner, Nitin Nagarkar, purchased a land and farm house at village Bawdhan, Pune, vide a deed of conveyance dated 5th August 1997 from vendors...

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Bombay High Court at Goa Dismisses Writ Petition Challenging Executing Court's Order Refusing to Recall Warrant of Possession Under Order XXI Rule 97 CPC. Executing Court's Discretion to Refuse Recall of Warrant After Delivery of Possession Upheld as No Material Irregularity Shown.

The petitioners, original decree holders in Execution Application No. 22/2008, filed a writ petition under Article 227 of the Constitution challenging...