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Bombay High Court Adjudicates Dual Proceedings on Cooperative Housing Society Dispute Over Change of User and Structural Alterations. The Court Examines Legality of Converting Residential Flats to Nursing Home and Making Additions Without Consent Under Maharashtra Ownership Flats Act, 1963.

The matter involved two consolidated proceedings: a writ petition under Article 227 of the Constitution of India challenging an order of the Maharasht...

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High Court of Karnataka Considers Quashing of Criminal Proceedings for Offences of Forgery and Cheating in Property Dispute; Private Complaint Alleged to Mirror Civil Suit for Possession

The High Court of Karnataka, Dharwad Bench, dealt with a criminal petition filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) s...

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Bombay High Court Allows Appointment of Arbitrator in Contract Dispute Due to Failure of Multi-Tier Dispute Resolution Mechanism. Failure to Appoint Arbitrator Within 30 Days Triggers Section 11(6) of Arbitration and Conciliation Act, 1996.

The applicant, M/s. Mehra & Company, a partnership firm, filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeki...

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Supreme Court Allows Appeal of Subsequent Purchasers in Specific Performance Suit — Agreement for Sale Held Sham and Not Intended to Be Acted Upon. Evidence Act Sections 91 and 92 Do Not Bar Proof of Sham Transaction; Subsequent Purchasers Are Bona Fide Purchasers Without Notice.

The appeal arose from a suit for specific performance of an agreement for sale dated 7th December 1981 executed by the first defendant in favour of th...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Concurrent Findings That Plaintiff Failed to Prove Readiness and Willingness. Agreement for Sale of House Property Not Enforceable as Plaintiff Did Not Show Financial Capacity to Pay Balance Consideration.

The appellant (original plaintiff) filed a suit for specific performance of an agreement to sell a house property executed by defendant no.1 as Karta ...