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Bombay High Court Allows Co-operative Society's Writ Petitions Against Unauthorized Construction by Members. Dispute Between Society and Member Regarding Unauthorized Construction and Possession is Barred from Civil Court Under Section 91 of Maharashtra Co-operative Societies Act, 1960.

The petitioner, The Manglorian Garden Homes Co-operative Housing Society Limited, filed three writ petitions challenging the orders of the Civil Judge...

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Judicial Review of State Actions in Contractual Disputes: Evolution and Current Scope. From Traditional Boundaries to Modern Oversight: Ensuring Fairness and Transparency in State Contractual Matters

The evolution of judicial review in India regarding state actions in contractual and tender disputes. Historically, such disputes were seen as private...

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Bombay High Court Dismisses Appeal in Specific Performance Suit — No Concluded Contract via Email Exchange. Unsigned Memorandum of Understanding Not Binding as Parties Did Not Intend to Be Bound Until Execution of Formal Agreement.

The appellants (original plaintiffs) filed a suit for specific performance of an alleged contract for the sale of a flat owned by the respondent (orig...

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Upholding Autonomy Amidst Settlement Disputes Exploring Legal Principles and Precedents in Arbitration Law

This Judgment pertains to a legal discussion surrounding arbitration under the Arbitration and Conciliation Act, 1996, particularly focusing on the re...

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Bombay High Court Dismisses Petitioners' Challenge to Tender Cancellation in Public Works Contract. Court Holds That No Vested Right Arises Until Formal Acceptance of Bid, and Government Has Discretion to Cancel Tender in Public Interest.

The petitioners, Jai Laxmi Constructions and others, filed two writ petitions challenging the cancellation of a tender process and the issuance of a f...

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Bombay High Court Allows Appeal in Specific Performance Suit — Rejects Application for Rejection of Plaint Under Order VII Rule 11 CPC. Agreement for Sale Not Concluded Contract but Continuous Offer, Plaint Discloses Cause of Action.

The appellant, M/s. Everhome Properties Pvt. Ltd., filed a suit for specific performance of an agreement for sale dated 15.07.2019 against the respond...