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Bombay High Court Examines Challenge to Charity Commissioner's Permission for Lease of Trust Land for 30 Years Without Public Notice. Question Involved Whether Mandatory Advertisement Under Bombay Public Trust Act Was Dispensable for Long-Term Agricultural Lease....

The writ petition was filed by three residents of village Hinglajwadi, claiming to be devotees and interested persons under Section 2(10)(a) of the Bombay Public Trust Act, 1950. They challenged the o...

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Bombay High Court Quashes Attachment Order in Defamation Suit Execution — Attachment of Immovable Property Without Notice to Judgment Debtor Violates Order XXI Rule 54 CPC. Court holds that issuance of attachment warrant without prior notice to the judgment debtor and without recording reasons is illegal and liable to be set aside....

The petitioner, Dilipkumar Hirachand Jain, was the original plaintiff No.2 in Special Civil Suit No.332 of 1996, which was a suit for damages for defamation against Dena Bank and others. The suit was ...

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Bombay High Court Allows Appeal in Land Acquisition Case — Compensation Under Section 23(1-A) and Interest Cannot Be Awarded from Date Prior to Section 4 Notification. The court held that additional compensation under Section 23(1-A) and interest on solatium must be calculated from the date of Section 4 notification, not from the date of prior possession....

The case arises from a land acquisition proceeding under the Land Acquisition Act, 1894 (the Act). The appellants, the Deputy Collector (L.A.)/MPT and the Executive Engineer, Public Works Department, ...

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Bombay High Court Restrains Construction of Grade Separator Near Protected Monument Under Ancient Monuments Act. Work within 100-meter prohibited area of Pataleshwar Caves requires prior permission from National Monuments Authority under Section 20-A of the Ancient Monuments and Archaeological Sites and Remains Act, 1958....

The petitioner, Parisar Sanrakshan Sanwardhan Sanstha, filed a public interest litigation under Article 226 of the Constitution challenging the construction of a grade separator (underpass) by the Pun...

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Bombay High Court Quashes Section 111 CrPC Show Cause Notices for Lack of Subjective Satisfaction and Non-Application of Mind. Show cause notices issued under Section 111 CrPC based on FIRs without recording subjective satisfaction and without disclosing grounds are invalid and liable to be quashed....

The petitioners, Farhan Nasir Khan and Jhanzeb Amir Kamal Khan @ Guddu Pathan, filed two criminal writ petitions under Article 226 of the Constitution of India and Section 482 of the Code of Criminal ...

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Bombay High Court Quashes Show Cause Notices Under Section 111 CrPC for Lack of Subjective Satisfaction. Magistrate Failed to Record Basis for Satisfaction and Substance of Information, Rendering Notices Invalid....

The petitioners filed three criminal writ petitions under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973, challenging show cause notices and summonses...

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Bombay High Court Allows Appeal Against Dismissal of Injunction Application in Possession Suit — Emphasizes Distinction Between Ownership and Possession. The court directed the trial court to appoint a Commissioner to ascertain possession and decide the notice of motion afresh, considering only possession, not ownership....

The appellant, original plaintiff, filed a suit in the City Civil Court seeking protection of possession of property known as Fojdar Compound, Survey No.49, 49/1 to 49/6, admeasuring about 3838.46 sq....

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Bombay High Court Dismisses Appeal Under Section 37 of the Arbitration and Conciliation Act, 1996, Upholding Arbitrator's Order That Certain Claims Were Beyond Scope of Reference. The Court Held That the Arbitrator Correctly Applied the Principle That Claims Not Covered by the Reference Cannot Be Adjudicated....

The appellant, Ameyas Infraprojects Pvt. Ltd., filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, challenging a common order passed by the learned sole arbitrator. The arb...

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Bombay High Court Allows Appeal in Possession Suit — Trial Court Erred by Deciding Ownership Instead of Possession. Court held that at the interim stage, actual possession is paramount over ownership for grant of injunction under Order 39 Rules 1 and 2 CPC....

The appellant, original plaintiff, filed a suit in the City Civil Court seeking protection of possession of property bearing Survey No.49, 49/1 to 49/6, area 3838.46 sq. ft., known as Fojdar Compound,...

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Bombay High Court Dismisses Petition Challenging Restriction of 3% Reservation for Physically Handicapped in PG Medical Admissions to Locomotory Disability Only. Visually Impaired Candidate Cannot Claim Reservation as Functional Requirements of Medical Course Justify Classification Under Article 14....

The petitioner, Dr. Syed Abdul Wahab Abdul Aziz, a visually impaired medical officer employed by the State of Maharashtra, challenged the norms restricting the 3% reservation for physically handicappe...