Bombay High Court

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Bombay High Court Allows Petition Challenging Demolition of Bungalow Without Notice Under Section 354 of Mumbai Municipal Corporation Act, 1888. Demolition Without Prior Notice and Opportunity of Hearing Held Illegal and Violative of Natural Justice....

The petitioners, M/s Asian Rubber Works and another, filed a writ petition under Article 226 of the Constitution of India challenging the illegal demolition of their bungalow admeasuring 5,500 sq. ft....

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Bombay High Court Directs Freeze on Mangrove Destruction in Maharashtra and Orders Comprehensive Satellite Mapping to Identify Protection Areas. High Court Recognizes Ecological Importance of Mangroves and Applies Precautionary Principle to Prevent Further Damage Pending Final Adjudication....

The Public Interest Litigation was filed by Bombay Environmental Action Group and another before the High Court of Judicature at Bombay, seeking protection of mangroves in Maharashtra. The petitioners...

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Bombay High Court Dismisses Admiralty Suits as Time-Barred Under Limitation Act. Claims for Loss of Vessel and Cargo Filed Beyond Three-Year Limitation Period from Date of Vessel's Sinking....

The judgment concerns two admiralty suits filed in the Bombay High Court. Admiralty Suit No.3 of 2011 was filed by the time charterer of the vessel 'Nasco Diamond' against Great Pacific Navigation (Ho...

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High Court of Bombay Division Bench Hears Reference on Appealability of Interim Injunction Orders in Regular Civil Appeals. Reference Concerns Whether Order 43 Rule 1(r) CPC Covers Interim Injunctions Granted by First Appellate Courts Under Order 41 CPC....

This matter came before a Division Bench as a reference made by a learned Single Judge of the High Court who doubted the correctness of earlier single judge decisions holding that an order of interim ...

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Bombay High Court Quashes FIR Against Sister-in-Law in Dowry Harassment Case — No Specific Allegations. General and omnibus allegations against a married sister-in-law living separately do not constitute cruelty under Section 498A IPC, and continuing prosecution would be an abuse of process of law....

The petitioner, Rupali Nathaji More, who is the married sister-in-law of the respondent no.2 (complainant), filed a writ petition under Article 226 of the Constitution of India read with Section 482 o...

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Bombay High Court Allows Appeal Against Arbitral Award in Succession Dispute — Award Set Aside for Violation of Natural Justice and Lack of Jurisdiction. Court held that the arbitrator exceeded jurisdiction by deciding title without proper evidence and that the award was liable to be set aside under Section 34 of the Arbitration and Conciliation Act, 1996....

The case involves an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 against an order dismissing a petition under Section 34 of the same Act. The appellant, Mehrunnissa Sheikh Ab...

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Bombay High Court Allows Petitioner's Challenge to Acceptance of Nomination in Sarpanch Election Due to False Affidavit. Filing of false affidavit regarding marital status is a defect of substantial character under Rule 9(2) of the Bombay Village Panchayats (Sarpanch and UpaSarpanch) Election Rules, 1964, requiring rejection of nomination....

The petitioner, Sou. Sonali w/o. Mangesh Lode, filed a writ petition challenging the acceptance of the nomination paper of respondent No.3, Bharti Purushottam Mahalle, for the election to the post of ...

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Bombay High Court Allows Petitioner in Tenancy Revision Case for Exceeding Revisional Jurisdiction. Maharashtra Revenue Tribunal's order set aside as it reappreciated evidence without finding jurisdictional error or perversity under Section 111 of Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958....

The petitioner, a teacher, challenged the judgment of the Maharashtra Revenue Tribunal (M.R.T.) dated 21.10.2011 in Revision Application No.TEN/B40/2009 under Section 111 of the Maharashtra Tenancy an...

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Bombay High Court Dismisses Claim for Forest Land Under Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 Due to Absence of Community Membership and Three-Generation Forest Residence. Individual Encroacher Who Does Not Reside in Forest and Is Not Part of Any Community Cannot Invoke Act's Protections....

The petitioner, an agriculturist, filed a writ petition before the Nagpur Bench of the Bombay High Court challenging the denial of allotment of land for cultivation under the Scheduled Tribes and Othe...