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Supreme Court Allows Appeal in Consumer Dispute Over Flat Booking - Reduction of Booking Amount to 15% Upheld as Valid Novation. Developer's Failure to Execute Agreement and Cancellation of Allotment Amounts to Deficiency of Service Under Consumer Protection Act, 1986.

The dispute arose from a residential apartment booked by the appellants, Suman Jindal and another, with the respondent developer, M/s. Adarsh Develope...

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Supreme Court Allows Appeal in Gift Deed Dispute: Donor's Legal Representatives Have Locus to Challenge Collusive Exchange of Donated Property. Exchange of School Property by Principal and President Without Society Resolution Held Illegal and Void.

The case involves a dispute over a property donated by Smt. Randhir Kaur to Doaba Public School via a registered Gift Deed dated 27.05.1981 for educat...

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Bombay High Court Allows Petition for Unilateral Deemed Conveyance Under MOFA Act — Failure of Promoter to Execute Conveyance Within Agreed Time Entities Society to Seek Deemed Conveyance Under Section 11 of Maharashtra Ownership Flats Act, 1963.

The petitioner, Jai Jalaram Co-operative Housing Society Ltd., is a cooperative housing society registered under the Maharashtra Cooperative Societies...

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Bombay High Court Upholds Eviction Decree in Possession Suit — Licensee's Claim of Ownership Rejected. Staff Quarter Adjoining Purchased Flat Held to Be Part of Suit Premises; Licensee Cannot Claim Ownership After License Revocation.

The case involves a first appeal against a decree of eviction passed by the City Civil Court, Mumbai. The respondent/original plaintiff, Anjana Viren ...

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Bombay High Court Allows Appeal in Specific Performance Suit, Sets Aside Interim Injunction. Agreement for Lease Contingent on Occupation Certificate Not Specifically Enforceable.

The appellant, Associated Bombay Cinemas Private Limited, as landlord, entered into an agreement dated 14 August 1997 with the respondent, Jamni S. Ra...

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Bombay High Court at Goa Dismisses Second Appeal in Property Dispute — Upholds Concurrent Findings That Sale Deed Was Null and Void Due to Lack of Title and Possession. Deed of Gift Executed by Co-Owner Without Spouse's Consent Held Invalid Under Portuguese Civil Code.

The appellant, Shivaji Narayan Gaonkar, filed a suit seeking permanent injunction and declaration that a Deed of Gift executed by Respondent No.3 (Lur...

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Bombay High Court Upholds Injunction Against Developer in MOFA Dispute Over Common Areas and Parking Rights. Developer restrained from constructing on open space and selling car parks as they are common facilities under Maharashtra Ownership Flats Act, 1963.

The dispute arises from a development project known as Phoenix Towers in Parel, Mumbai. The appellants, Phoenix Construction Company and another, are ...