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Bombay High Court Dismisses Election Petition for Lack of Material Facts in Recount Application. Allegations of Improper Counting Must Be Supported by Specific Averments Under Section 83 of the Representation of the People Act, 1951....

The case involves an election petition filed by Rashmi Digambar Bagal challenging the election of Narayan Govindrao Patil from the 244 Karmala Assembly Constituency. The petitioner alleged irregularit...

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Bombay High Court Dismisses Appeal Against Demolition Orders for Unauthorized Construction in Municipal Corporation of Greater Mumbai Case. Court Held That Stop Work Orders and Demolition Notices Were Valid as Appellant Failed to Obtain Required Permission Under Section 347 of the Mumbai Municipal Corporation Act, 1888....

The appellant, United Construction, a partnership firm, purchased a building known as 'Roop Niketan' (now 'Shanidev') located at Colaba, Mumbai, by a sale deed dated 25 February 2014 on an 'as is wher...

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Bombay High Court Dismisses Petition Challenging Withdrawal of Suit with Liberty to File Fresh Suit Under Order XXIII Rule 1 CPC. Trial Court's Discretion Upheld as No Abuse of Process Found — Plaintiff Permitted to Withdraw Suit for Declaration and Injunction Due to Formal Defects, Subject to Costs....

The petitioner, Ahemadbee Ashrafmiya Shaikh, was the original defendant No. 2 in Regular Civil Suit No. 26 of 2005 filed by respondent No. 1, Yusuf Faijusab Sayyed, in the court of Civil Judge, Junior...

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Bombay High Court Allows Appeals in Land Acquisition Compensation Cases — Enhances Compensation for Irrigation Canal Construction. Court holds that claimants are entitled to compensation for the land acquired under the Land Acquisition Act, 1894, and the Reference Court erred in rejecting the claim for additional compensation for the land already acquired....

The case involves three first appeals filed by the claimants (Aba s/o Dashrath Pawar, Gorakh s/o Bapu Pawar, and Gulab s/o Ananda Pawar) against the State of Maharashtra and the Executive Engineer, M....

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High Court of Karnataka Quashes Upa-Lokayukta Report and Show Cause Notice in Panchayat Raj Act Dispute — Lack of Jurisdiction Under Section 12(3) of Karnataka Lokayukta Act, 1984. Upa-Lokayukta's report under Section 12(3) cannot be used to initiate action under Section 43-A of Karnataka Panchayat Raj Act, 1993 as the report is only recommendatory and not binding....

The petitioner, Mr. Umesh J, was the ex-President and a member of Moodushedde Grama Panchayath. He challenged a report dated 08.02.2016 of the Upa-Lokayukta under Section 12(3) of the Karnataka Lokayu...

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Bombay High Court Allows Writ Petition Challenging ULC Act Vesting Order — Petitioner's Title Not Extinguished by Surrender of Possession by Third Party. Constituted Attorney of Partners and Owners of Land Successfully Challenges Competent Authority's Order Vesting Land in State under Urban Land (Ceiling and Regulation) Act, 1976....

The petitioner, Pankaj S. Parikh, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court seeking a declaration that the respondents (the Additional Collector...

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Bombay High Court Dismisses Employer's Challenge to Labour Court Awards in Milk Union Retrenchment Cases. Retrenchment of Daily Wagers Without Compliance with Section 25-F of Industrial Disputes Act, 1947 Held Illegal....

The petitioner, Solapur Zilla Sahakari Dudh Utpadak Sangh, a cooperative milk union, challenged multiple awards passed by the Labour Court, Solapur, in various reference cases. The respondents were da...

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Bombay High Court Quashes Summons Under Section 319 CrPC Against Proposed Accused in Sessions Case — Discharge Under Section 169 CrPC Requires Inquiry Under Section 300(5) r/w Section 398 CrPC Before Invoking Section 319 CrPC....

The applicants, seven individuals, were originally named in a First Information Report but were discharged under Section 169 of the Code of Criminal Procedure, 1973 (CrPC) during investigation. Subseq...

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High Court Dismisses Writ Petition Challenging Dismissal of Bus Conductor for Habitual Absence. Past Punishments for Similar Misconduct Justify Dismissal Under Standing Orders Clause 20(f) of BEST Undertaking....

The petitioner, Mr. Balasaheb Madhukar Bende, was appointed as a bus conductor by the BEST Undertaking (Respondent No.1) on 5 April 1989. He remained absent from 11 October 1999 to September 2000 for ...

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Bombay High Court Dismisses Challenge to Railway Advertisement Restricting ATVM Facilitator Posts to Retired Employees. Condition Held Not Arbitrary as It Serves Administrative Convenience and Does Not Violate Article 14....

The petitioner, Furquan Akram, an educated unemployed individual, challenged an advertisement dated 11.08.2015 issued by the South Central Railway for appointment of facilitators to operate Automatic ...