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Bombay High Court Dismisses Application for Appointment of Arbitrator in Development Agreement Dispute, Holding Claim Time-Barred. Court Refuses to Condon 15-Day Delay Under Section 5 of Limitation Act, 1963, Relying on HPCL Bio-Fuels and Emphasizing Need for Exceptional Circumstances.

The dispute arose from a Development Agreement dated March 31, 2016 between the applicant-developer and the respondent-cooperative housing society for...

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Bombay High Court Allows Summary Suit for Cheque Dishonour, Grants Conditional Leave to Defend. Court holds that in a summary suit under Order XXXVII CPC, the defendant must show a triable issue or substantial defence to obtain unconditional leave to defend.

The Plaintiff, Tiscon Realty Private Limited, filed a Commercial Summary Suit (No. 34 of 2021) against the Defendants, C. G. Edifice (a partnership fi...

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Bombay High Court Quashes PMC Resolution to Take Over Private Land Without Compensation — Municipal Corporation Cannot Convert Private Property into Public Road Without Acquisition Under Section 209 of Maharashtra Municipal Corporation Act, 1949.

The Petitioner, a Cooperative Housing Society, owned land bearing Survey Nos. 38 and 39 in Pune. The second Respondent purchased adjoining property (C...

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Bombay High Court Quashes PMC Resolution to Take Over Private Land Without Compensation in Landlocked Property Access Case. Section 205 of Maharashtra Municipal Corporation Act, 1949 Does Not Permit Deprivation of Property Without Acquisition Under Section 209.

The petitioner, Maharashtra State P.W.D. Employees Cooperative Housing Society Ltd., is the owner of land bearing Survey Nos. 38 and 39 in Pune. The s...

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Bombay High Court Nagpur Bench Rejects Inquiry Reports of Internal Complaints Committee for Violation of Section 13 of the Sexual Harassment of Women at Workplace Act, 2013. Separate Reports by Presiding Officer and Members Held Invalid, and Fresh Inquiry Ordered.

Background: Three female Assistant Professors at Shri Shivaji Science College filed writ petitions challenging their transfer orders dated 25.06.2013,...

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Bombay High Court Adjudicates Section 34 Petition Against Arbitral Award in Partnership Retirement Dispute. The Court Examines Whether the Arbitrator Erred in Rejecting Petitioners' Claims and Imposing Costs Under the Arbitration and Conciliation Act, 1996.

Background: The dispute arose out of a partnership firm, M/s. Prospective Traders, constituted in 1977 by three family trusts. In 1985, the petitioner...

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Bombay High Court Dismisses Petitions Challenging MCGM's Condition of 100% Tenant Consent for Redevelopment of Dilapidated Buildings. Clause 1.15 of C-1 Guidelines Requiring Permanent Alternate Accommodation Agreements with All Tenants as Precondition for Commencement Certificate is Valid and Enforceable.

The judgment concerns two writ petitions filed under Article 226 of the Constitution of India challenging the condition imposed by the Municipal Corpo...

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Bombay High Court Dismisses Appeal of Plaintiffs in Tenancy Dispute — Plaintiffs Fail to Prove Tenancy Rights. Court holds that mere possession or payment of rent does not establish tenancy without proof of lawful transfer or succession under the Maharashtra Rent Control Act, 1999.

The case involves a dispute over a room (suit premises) allotted in lieu of an earlier tenanted room in a chawl at Mahim, Mumbai. The plaintiffs, Sulo...