Bombay High Court

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Bombay High Court Allows Writ Petition, Sets Aside Rejection of Delay Condonation in Filing Written Statement — Emphasizes Liberal Approach to Condonation of Delay to Advance Substantial Justice. The court condoned a delay of 31 months and 16 days in filing the written statement, holding that technicalities should not defeat substantial justice....

The present Writ Petition was filed by the Original Defendants (Shriram Transport Finance Co. Ltd. and Citi Corp. Finance India Ltd.) challenging the judgment and order dated 18.06.2008 passed by the ...

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Bombay High Court Allows Writ Petition Challenging Rejection of SVLDRS Declaration for Public Parking Lot Construction. Court holds that construction of public parking lot in lieu of incentive FSI constitutes 'supply of service' under Finance Act, 1994, and petitioner is entitled to avail SVLDR Scheme benefits....

The petitioner, K. Raheja Private Limited, a company engaged in real estate, constructed a public parking lot (PPL) on a plot in Mumbai. The Municipal Corporation of Greater Mumbai (MCGM) granted ince...

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Bombay High Court Quashes Detention Order Under M.P.D.A. Act for Lack of Subjective Satisfaction Regarding Imminent Possibility of Release on Bail. Detaining Authority Failed to Disclose Cogent Material or Satisfaction That Detenu in Custody Would Be Released on Bail....

The petitioner, Nitin Baban Pawar, challenged an order of detention dated 19th May 2022 issued by the Commissioner of Police, Thane, under the Maharashtra Prevention of Dangerous Activities of Slumlor...

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Bombay High Court Dismisses Petition Challenging MSMED Act Arbitral Award on Limitation and Territorial Jurisdiction. Court holds that limitation for arbitration under Section 18 of MSMED Act is governed by Article 137 of Limitation Act, 1963, and that the court where the arbitration is held has exclusive jurisdiction under Section 42 of Arbitration Act....

The petitioner, Gammon Engineers & Contractors Pvt. Ltd., challenged an arbitral award dated 24 September 2020 passed by the Facilitation Council under the Micro, Small and Medium Enterprises Developm...

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Bombay High Court Quashes State Circular Staying DPC Approvals in District Planning Case — Circular Issued Without Authority Under Section 12 of DPC Act. State Government Cannot Unilaterally Stay Administrative Approvals Granted by District Planning Committees Under Section 12 of Maharashtra District Planning Committees (Constitution and Functions) Act, 1998....

The petitioners, members of the District Planning Committee (DPC), Jalna, constituted under Article 243ZD of the Constitution of India read with the Maharashtra District Planning Committees (Constitut...

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High Court of Bombay Dismisses Writ Petition Challenging Rejection of Application for Appointment of Court Commissioner During Appeal. Petitioner's earlier application for measurement of lands was allowed, commissioner appointed, report submitted, and commissioner examined as witness; fresh commission not permissible....

The petitioner, Yasin Gulab Shikalkar, filed a Regular Civil Suit No. 62 of 2010 for permanent injunction and recovery of possession of encroached portion of land against the respondents. During the s...

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Bombay High Court Quashes SRA Order in Slum Rehabilitation Dispute — Trust Land Cannot Be Acquired Without Following Maharashtra Public Trusts Act. Held that Slum Rehabilitation Authority cannot declare a trust property as a slum or pass rehabilitation orders without prior permission from Charity Commissioner under Section 36 of Maharashtra Public Trusts Act, 1950....

The petitioners, A.H. Wadia Trust and its trustees, filed a writ petition under Article 226 of the Constitution of India challenging the order dated 30th September 2016 passed by the Slum Rehabilitati...

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Bombay High Court Partially Allows Challenge to Arbitral Awards in Partnership Dissolution Dispute. Court upholds award on Grant Road firm but sets aside award on Colaba firm due to lack of reasons on counterclaim....

The petitioner, Zenobia Poonawala, filed two petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging two arbitral awards dated 30/09/2019 and 31/10/2019 passed by a sole ...

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Bombay High Court Dismisses Petition Challenging Issuance of Witness Summons Under Order XVI Rule 1(3) CPC. Procedural Non-Compliance Does Not Bar Court's Discretion to Summon Witnesses in the Interest of Justice....

The petitioner, Dinesh Singh Bhim Singh, the defendant in a civil suit, challenged an order dated 26 August 2022 passed by the Civil Judge Senior Division, Vasai, which allowed the plaintiffs' applica...