Bombay High Court

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Bombay High Court Allows Writ Petition for MHADA Land Allotment to Government Employees' Cooperative Housing Society — Directs State to Process Proposal Within 12 Weeks. The court held that prolonged delay in allotting land to a society of High Court employees violates their right to housing under Article 21 of the Constitution and the MHADA Act, 1976....

The petitioner, Milind Dashrath Narvekar, is the chief promoter of a proposed cooperative housing society named 'Shri Ganesh Sai High Court Employees’ Cooperative Housing Society (Proposed)', compri...

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Bombay High Court Allows Transfer of Divorce Proceedings from Nashik to Jaysingpur on Grounds of Wife's Convenience and Hardship. Wife's medical condition, lack of income, and responsibility for school-going daughter considered sufficient cause for transfer under Section 24 CPC....

The applicant-wife, Mrs. Priyanka Rahul Patil, filed a Miscellaneous Civil Application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of divorce proceedings filed by her husba...

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Bombay High Court Dismisses Interim Application Seeking Restoration of Civil Application in Second Appeal Because Main Appeal Already Stood Dismissed. Court Held That No Prayer for Restoration of Second Appeal Was Made in the Civil Application or Interim Application, and Dismissal for Non-Removal of Office Objections Remained Effective....

The matter concerned an interim application in the High Court of Judicature at Bombay, Civil Appellate Jurisdiction, arising from a second appeal. The appellant, Baburao Madahv Patil (since deceased t...

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Bombay High Court Dismisses State Appeal Against Acquittal in MRTP Act Case — Notice Under Section 53(1) Must Be Served on the Person Actually Using the Premises, Not the Owner Alone....

The State of Maharashtra appealed against the acquittal of Amit Surendra Mittal (respondent) under Section 53(1) of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act). The case arose from...

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Bombay High Court Allows TDR Claim for Land Used for Development Plan Road in Pune. Land Not a Public Street Under Section 224 of Maharashtra Municipal Corporations Act, 1949, Hence Society Entitled to Consideration for TDR....

The petitioner, Shri Chhatrapati Rajaram Co-operative Housing Society Ltd., owned land bearing Survey No.682/A at Bibavewadi, Pune. A layout plan was sanctioned on 9th July 1973, dividing the land int...

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Bombay High Court Allows Second Appeal in Property Suit Due to Procedural Irregularity — Trial Court Failed to Issue Notice to Party After Lawyer's Discharge. Substantial Question of Law Arises Under Section 100 CPC When Court Proceeds Ex Parte Without Ensuring Party's Knowledge of Proceedings....

The case involves a second appeal arising from a civil suit where the original defendant (now deceased, represented by legal heirs) was the appellant. The suit was for partition and separate possessio...

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High Court of Judicature at Bombay (Aurangabad Bench) Reviews Confirmation of Death Sentence and Appeal Against Conviction in POCSO and IPC Case of Kidnap, Rape and Murder of Minor. Trial Court Found Accused Guilty Under Sections 302, 363, 376(A), 376(2)(j)(m), 376-AB, 377 IPC and Sections 4, 6, 8, 10, 12 POCSO Act, Sentencing Him to Death on Rarest of Rare Doctrine....

The proceedings arose from a criminal confirmation case and connected criminal appeal before the Bombay High Court, Aurangabad Bench. The State sought confirmation of the death sentence awarded by the...

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High Court of Bombay at Goa Dismisses Petitions Challenging Environmental Clearance Condition for Iron Ore Handling at Mormugao Port. Condition requiring prior environmental clearance for handling of iron ore at berths is valid under Environment Impact Assessment Notification, 2006 and Water (Prevention and Control of Pollution) Act, 1974....

The judgment concerns three writ petitions filed by companies and shareholders involved in iron ore handling at Mormugao Port, Goa, challenging a condition imposed by the Goa State Pollution Control B...