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High Court of Karnataka Quashes Demolition Notice Against Developer in BBMP Dispute — Notice Issued Without Proper Hearing Violates Natural Justice. Court holds that Section 321 of the Karnataka Municipal Corporations Act, 1976 requires a show-cause notice and opportunity of hearing before ordering demolition of alleged unauthorized construction....

The petitioner, Emerald Haven Development Ltd, a company registered under the Companies Act, 1956, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court o...

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Bombay High Court Dismisses Sarpanch's Petition Challenging No-Confidence Motion. Disqualification under Section 14(1)(j-1) of the Maharashtra Village Panchayats Act, 1959 applies only to candidates for election, not to sitting members, and the no-confidence motion was validly passed....

The Petitioner, Vitthal Rajaram Shitole, was the Sarpanch of Gram Panchayat Koregaonmul. He filed a writ petition challenging a no-confidence motion passed against him on 20th June 2023. The Petitione...

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Bombay High Court Allows Petition by Employer Challenging Labour Court Award of Reinstatement with Full Back Wages. Termination of Employee Held to be Voluntary Resignation Based on Relieving Letter and Absence of Coercion....

The petitioners, M/s. S.K.International (a partnership firm) and its partner Chirag Kenia, challenged an Award dated 12 July 2022 passed by the Labour Court at Mumbai in Reference (IDA) No.32 of 2020....

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Bombay High Court Quashes Blacklisting Orders Against Two Firms in WCL Tender Dispute — Lack of Opportunity of Hearing Violates Principles of Natural Justice. The court held that blacklisting a contractor without prior notice and hearing is arbitrary and unsustainable under Article 14 of the Constitution....

The petitioners, M/s H.D. Enterprises (HDE) and M/s Gaurav Contracts Company (GCC), had entered into a joint venture/consortium agreement on 23.05.2018 to submit a bid for work advertised by Western C...

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Bombay High Court Dismisses PIL Challenging Musical Fountain and Viewer's Gallery at Futala Tank, Holding Lake Not a Declared Wetland Under Wetlands Rules. Court directs compliance with environmental safeguards and prohibits permanent construction within the lake body....

The present proceedings were filed as a Public Interest Litigation by Swacch Association, a society registered under the Societies Registration Act, 1860 and the Maharashtra Public Trusts Act, 1950, c...

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Bombay High Court Allows Installation of Musical Fountain and Viewer's Gallery in Futala Tank Subject to Environmental Compliance and Restoration of Lake to Original State. The court directed that the project may proceed but must comply with all environmental safeguards and restore the lake to its original state after completion....

The present proceedings were filed in public interest by Swacch Association, a society registered under the Societies Registration Act, 1860 and the Maharashtra Public Trusts Act, 1950, seeking to cha...

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Bombay High Court Quashes Detention Order Under MPD Act for Delay in Considering Representation — Right Under Article 22(5) Violated. Inordinate delay of 31 days in considering detenu's representation by State Government without explanation vitiates preventive detention order under Section 3 of Maharashtra Prevention of Dangerous Activities Act, 1981....

The petitioner, wife of the detenu, challenged the detention order dated 02.06.2023 passed by the District Magistrate, Wardha under Section 3 of the Maharashtra Prevention of Dangerous Activities of S...

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Bombay High Court Allows Appeal in Arbitration Matter — Upholds Appointment of Arbitrator Despite Alleged Termination of Contract. Court holds that existence of disputes and arbitration agreement is sufficient for appointment under Section 11 of the Arbitration and Conciliation Act, 1996, even if the underlying contract is terminated....

The appellant, Madgavkar Salvage, a partnership firm, filed an appeal against the order of the Commercial Court rejecting its application under Section 11 of the Arbitration and Conciliation Act, 1996...

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Bombay High Court Dismisses Appeal in Trademark Dispute Over 'Anna' for South Indian Eateries - Prior User Fails to Establish Infringement Due to Generic Nature of Mark. The court held that the word 'Anna' is generic and cannot be exclusively appropriated, rejecting the claim of trademark infringement and passing off under the Trademarks Act, 1999....

The dispute arose between two eatery owners in Pune over the use of the word 'Anna' in their restaurant names. The Appellant-Plaintiff, Shantapa alias Shantesh S. Kalasgond, operates under the registe...

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Bombay High Court Quashes Termination of Assistant Public Prosecutor for Filing Bail Cancellation Application Without Prior Instructions. Rule 30(5) of the Rules for the Conduct of Legal Affairs of Government, 1984 cannot be invoked to terminate an APP who acted bona fide in the interest of justice based on instructions from the Investigating Officer....

The Petitioner, Machindra Ganpat Gate, was appointed as an Additional Public Prosecutor and Assistant Government Pleader for Pune District on 07/07/2014 for two years, re-appointed on 29/04/2017 for a...