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High Court of Judicature at Bombay Quashes State Government's Cancellation of Slum Rehabilitation Scheme Approvals and Directs Fresh Hearing. Inconsistencies Between Government Directives and SRA Circular Were Not Established, and Scheme Was Permitted Under New Housing Policy of 2007....

The petitioner, a developer, submitted a proposal for a Slum Rehabilitation Scheme which was in the nature of a Township Development Scheme for approximately 1.89 lakh sq. mtrs. of land, involving hol...

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Bombay High Court Quashes Externment Order in Bombay Police Act Case — Non-Application of Mind and Lack of Finding on Witness Unwillingness. Externment Under Section 56(1)(b) Set Aside as Authority Relied on Stale Cases and Used Formulaic Reasoning Without Assessing Ongoing or Imminent Criminal Activity....

The petitioner, Imran Jaffer Shaikh, challenged an appellate order dated 15th July 2013 by which the respondent, State of Maharashtra, affirmed an externment order dated 29th April 2013 externing him ...

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Bombay High Court Dismisses Anticipatory Bail Application in Financial Fraud Case Due to Absconding Accused and Need for Custodial Investigation. Applicant, a working partner of a firm, was accused of criminal breach of trust of over Rs. 1 Crore and had been absconding since 2007, making anticipatory bail unwarranted under Section 438 CrPC....

The applicant, Sanjay Jagdishprasad Ladda, was a working partner of 'Sunidhi Securities'. He was accused in C.R. No. 147/2007 registered at Gandhi Chowk Police Station, Latur, for offences under Secti...

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Bombay High Court Upholds Conviction for Kidnapping and Rape of Minor Based on Consistent Testimony and Medical Evidence. Promise of Marriage to a 12-13 Year Old Girl Constitutes False Promise Vitiating Consent Under Sections 363 and 376 IPC....

The appellant, Bhaiyya Subhash Panpatil, was convicted by the Additional Sessions Judge, Dhule, for offences under Sections 363 and 376 of the Indian Penal Code (IPC) for kidnapping and raping a minor...

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Bombay High Court Dismisses Petition Seeking Police Investigation Under Section 156(3) CrPC — Magistrate's Discretion to Proceed Under Section 200 CrPC Upheld. The court held that the Magistrate's decision to examine the complainant on oath instead of directing police investigation was proper and not illegal....

The petitioner, Smt. Savitrabai Sureshchandra Khatod, filed a complaint before the Chief Judicial Magistrate, Aurangabad, alleging offences under Sections 406, 409, and 420 of the Indian Penal Code ag...

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Bombay High Court Dismisses Appeal Against Order Holding Civil Court Lacks Jurisdiction Over Octroi Dispute Due to Statutory Remedy Under Section 406 of BPMC Act. Preliminary Issue of Jurisdiction Decided Against Plaintiff for Not Exhausting Efficacious Remedy of Appeal....

The appellant, Greave Cotton Limited, filed a suit (Special Civil Suit No.459 of 2010) before the 7th Civil Judge, Senior Division, Pune, challenging the demand of octroi arrears for the period 1999 t...

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Bombay High Court Dismisses Tenant's Appeal Against Municipal Corporation's Demolition Notice for Unauthorized Shop Structure. Tenant Failed to Prove Authorization Under Section 351 of Mumbai Municipal Corporation Act, 1888, and Withdrawal of Earlier Notice Did Not Bar Fresh Action....

The appellant, Maneklal N. Shah alias Kothari, was the original plaintiff in a suit filed against the Municipal Corporation of Greater Bombay (respondent). The appellant was a tenant of a shop that he...

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Bombay High Court Allows Appeal in Specific Performance Suit — Injunction Granted Against Alienation of Property. Development Agreement for Cessed Building Confers Prima Facie Rights; Balance of Convenience Favors Developer....

The appeal arises from an order of a learned Single Judge declining relief in a Notice of Motion taken out by the appellants in a suit for specific performance. The appellants are developers who enter...

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Bombay High Court Directs Municipal Corporation to Act Against Unauthorized Hoardings in Public Interest. Court Holds Corporation Must Enforce By-Laws to Ensure Safety and Remove Offending Structures....

The petitioners, residents of a housing society, filed a writ petition seeking a direction to the Municipal Corporation of Greater Mumbai (MCGM) to take action against three hoardings erected by respo...

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High Court of Bombay Directs University to Issue Mark-Sheet to Student Whose Admission Preceded Time-Limiting Circular. Court Holds Circular Imposing 8-Year Rule for B.E. Completion Not Applicable Retrospectively to Petitioners Admitted Before Its Issuance....

The petitioner, an engineering student, filed a writ petition seeking directions to Mumbai University and other respondents to issue his mark-sheet and passing certificate for the Bachelor of Engineer...