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Conditional Guarantee Found Inoperative in Absence of CDR Approval. No life to a contract where pre-conditions remain unmet, rules Bombay High Court.

The suit revolves around whether the Deed of Guarantee executed by the plaintiff, Mr. Deepen Arun Parekh, became operative. The court held that the gu...

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Grant of Deemed Conveyance: Upholding Rights of Housing Societies Despite Unlawful Construction. Balancing flat purchasers' statutory rights with developers' non-compliance under the Maharashtra Ownership of Flats Act (MOFA).

The Bombay High Court addresses the pivotal issue of whether an illegal or unauthorized building structure impairs a cooperative housing society's sta...

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Appointment of Arbitrator Amidst Time-Bar Concerns in Shareholder Dispute. Supreme Court emphasizes the limited scope of judicial interference in arbitration petitions, reserving detailed merits and limitation questions for the arbitral tribunal.

1. Background of the Dispute The petitioner, Aslam Ismail Khan Deshmukh, is a Non-Resident Indian based in Dubai with expertise in the drilling flu...

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Jurisdictional Determination in Easementary Right Claim on Waqf Property. Balancing Civil Jurisdiction and Waqf Tribunal Powers in Disputes Over Waqf Property Access Rights.

The High Court of Bombay addressed the issue of jurisdictional competence between the Waqf Tribunal and the Civil Court. The case revolves around the ...

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Dismissal of Election Petition for Non-Disclosure of Cause of Action. Election Petition Challenging Nomination Papers Dismissed for Lack of Material Facts and Non-Compliance with the Representation of People Act.

The High Court of Judicature at Bombay, Justice Sharmila U. Deshmukh dismissed an Election Petition questioning the election of Anil Yeshwant Desai, a...

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Dismissal of Delay Condonation: Bombay High Court Upholds National Commission’s Order. The Bombay High Court ruled against the petitioner, finding no sufficient cause for delay in filing a revision petition after a consumer dispute.

The Bombay High Court dismissed a writ petition challenging the National Consumer Disputes Redressal Commission's refusal to condone a delay of 125 da...

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High Court Grants Leave to Combine Infringement and Passing Off Claims The Bombay High Court addresses jurisdictional challenges in a trademark dispute, granting leave under Clause XIV of the Letters Patent to combine actions for infringement and passing off.

The Bombay High Court deliberated on whether claims for trademark infringement and passing off could be joined in a single suit. The plaintiff sought ...

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Eviction decree upheld on grounds of subletting and bona fide requirement; application for comparative hardship dismissed.

The case revolves around an eviction suit filed by the plaintiffs, trustees of Noor Hospital, against the defendant (Shree Durga Trading Co.) for subl...

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The importance of timeliness in filing suits and the legal barriers to pursuing claims decades after the cause of action has arisen, especially when there are clear statutory limitations like those under the Limitation Act.

The dismissal of a civil suit based on an application under Order VII Rule 11 of the Civil Procedure Code (CPC). The key points of this case revolve a...