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Bombay High Court Allows Arbitration Petition in Redevelopment Dispute — Dissenting Member Cannot Obstruct Majority Decision for Dilapidated Building. Court Appoints Arbitrator Under Section 11 of Arbitration and Conciliation Act, 1996 to Resolve Dispute Between Developer, Society, and Dissenting Member.

The Bombay High Court dealt with an arbitration petition filed by Chirag Infra Projects Pvt Ltd, the developer, against Vijay Jwala Cooperative Housin...

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Bombay High Court Dismisses Society's Section 9 Petition for Possession and Injunction Against Developer in Redevelopment Dispute. Court Holds That Disputed Questions of Title and Possession Cannot Be Decided in Summary Proceedings Under Section 9 of the Arbitration and Conciliation Act, 1996.

The judgment concerns two competing petitions under Section 9 of the Arbitration and Conciliation Act, 1996, filed by Rajawadi Arunodaya Co-operative ...

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Bombay High Court Allows Appeal by Municipal Corporation in MRTP Act Notice Case — Notice Under Section 89 MRTP Act Held Valid and Not Barred by Limitation. The Court set aside the trial court decree declaring the notice invalid, finding that the notice was within limitation but the suit was premature.

The appellant, Municipal Corporation of Greater Mumbai, filed a First Appeal under Section 96 of the Code of Civil Procedure, 1908 against the oral ju...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Development Agreement Dispute. Court upholds award of damages for delay in handing over possession and interest under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, BASF India Ltd., entered into an agreement dated 5.3.2002 with the respondent, Landcom Properties Pvt. Ltd., under which the responden...

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Bombay High Court Quashes FIR Registered Suo Motu by Police Under MRTP Act — Police Officer Lacks Authority to Register FIR Under Section 154 CrPC for Offences Under Sections 43 and 52 of Maharashtra Regional and Town Planning Act, 1966

The petitioner, Mahesh Shivram Puthran, filed a writ petition under Article 226 of the Constitution of India challenging an FIR registered by the poli...

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Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Dying Declarations and Lack of Identity. Dying Declarations Naming Different Person and Contradicting Each Other Render Conviction Unsustainable Under Section 302 IPC.

The appellant, Mustaq Ahmed Ismail Kadari, was convicted under Section 302 IPC for the murder of Shalu Sudhakar Pagare by setting her on fire. The pro...

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Bombay High Court Dismisses PIL Seeking Shelter for Senior Citizen Under Urban Land Ceiling Act — No Legal Right to Allotment from Developer's Excess Land. Petitioner Failed to Establish Any Enforceable Right Against Private Developer Under the Urban Land (Ceiling and Regulation) Act, 1976.

The petitioner, Surjit Kaur Hundal, a senior citizen claiming to belong to the weaker section of society and without shelter in Maharashtra, filed a w...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 and Lack of Independent Witnesses. Failure to Follow Mandatory Search Procedure Renders Conviction Unsustainable.

The appellant, Smt. Satyabhama Kishan Kardak, was convicted by the Additional Sessions Judge/Special Judge for Greater Mumbai on 25 February 1993 for ...