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Bombay High Court Dismisses Appeal Against Demolition of Stalls for Road Widening Project - Public Interest Overrides Private Rights. Municipal Corporation's Road Widening Project Held to Be a Public Purpose Under Section 314 of the Mumbai Municipal Corporation Act, 1888, Justifying Removal of Stall Holders Without Individual Notice....

The appellant, Shree Mulund Stall Holders and Owners Welfare Association (Registered), filed an appeal against the order of the Municipal Corporation of Greater Mumbai (MCGM) directing removal of stal...

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Bombay High Court Allows Lapsing of Reservation on Land Under MRTP Act Due to Non-Acquisition Within Ten Years. The court held that failure to initiate acquisition proceedings within ten years from sanction of development plan results in lapsing of reservation under Section 127 of MRTP Act....

The petitioner, Saurabh R. Shah, owned land at Survey No.198, Hissa No.3/2, village Sandor, Vasai, Palghar, which was reserved for water bodies/20 meter water channel and 20 & 30 meters D.P. Road in t...

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  • 171
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Bombay High Court Dismisses State Appeals in Land Acquisition Compensation Case — Market Value Determined Based on Previous Award for Similar Land Under Section 18 of Land Acquisition Act, 1894. The court upheld the Reference Court's enhancement of compensation, holding that a previous award for similar land in the same village is a relevant basis for determining market value....

The State of Maharashtra, through its District Collector, Special Land Acquisition Officer, and Executive Engineer, filed two appeals under Section 18 of the Land Acquisition Act, 1894, against a comm...

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  • 103
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Bombay High Court Acquits Appellant in Murder Case Due to Unreliable Circumstantial Evidence. Conviction under Section 302 IPC set aside as prosecution failed to prove last seen theory, extra-judicial confession, and recovery beyond reasonable doubt....

The Appellant, Asif Nasir Khan, was convicted under Section 302 of the Indian Penal Code for the murder of Pappu @ Prakash Pardeshi and sentenced to life imprisonment. The prosecution case was based o...

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  • 12
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Bombay High Court Allows Writ Petition Against Industrial Court Order Dismissing ULP Complaint for Non-Implementation of Labour Court Award. Doctrine of Election Permits Employee to Choose Remedy Under MRTU & PULP Act Despite Availability of Execution Under ID Act....

The petitioner, Dhannu Bhagu Rathod, was a workman who had his termination challenged before the Labour Court in Reference (IDA) No.2/2015. The Labour Court, by judgment and award dated 11.02.2016, an...

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  • 13
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Bombay High Court Allows Retired Employees' Writ Petition for Pension Revision Under Maharashtra Civil Services (Pension) Rules, 1982 — Denial of Benefits Based on Non-Existent Circular Held Illegal. The court directed the respondents to consider revision of pension for pre-2006 retirees under Government Resolution dated 10.07.2017 and Rule 110 of the Maharashtra Civil Services (Pension) Rules, 1982....

The petitioners, 24 retired employees of the Zilla Parishad, Yavatmal, filed a writ petition seeking revision of their pension under the Government Resolution dated 10.07.2017 and Rule 110 of the Maha...

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  • 131
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Bombay High Court Quashes Reopening Notice Under Section 148 Income Tax Act for Lack of Fresh Material. Assessment Completed Under Section 143(3) Cannot Be Reopened Based on Same Material Already Considered....

The petitioner, Regency Nirman Ltd., a company engaged in real estate development, filed its return of income for the assessment year 2013-14 on 29th November 2013, accompanied by a Tax Audit Report i...

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  • 111
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Bombay High Court Acquits Accused in POCSO Case Due to Inconsistent Testimony and Lack of Corroboration — Conviction for Rape and Aggravated Penetrative Sexual Assault Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt....

The appellant, Vikas Shantaram Shinde, was convicted by the Special Court under Sections 376(2)(i)(j)(n) and 506 IPC and Sections 4 and 6 of the POCSO Act for allegedly raping a 13-year-old intellectu...

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  • 59
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Bombay High Court Allows Writ Petition for Caste Certificate to Adopted Child Based on Adoptive Mother's Caste. The court held that an adopted child is entitled to the caste of the adoptive parent, and the rejection of the caste certificate application on the ground of unknown biological parents was illegal....

The petitioner, Dr. Sonal Pratapsingh Vahanwala, a Hindu Mahyavanshi (Scheduled Caste) woman, adopted a male child named Heramb from an orphanage in 2009. The child's biological parents were unknown. ...

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  • 180
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Bombay High Court Allows Students to Pursue BAMS Course Despite NEET Score Deficiency Due to COVID-19 Pandemic. Court directs Maharashtra State to grant admission to petitioners who missed NEET cutoff by narrow margin, invoking extraordinary circumstances under Article 226 of Constitution....

The petitioners, thirteen students who appeared for the National Eligibility cum Entrance Test (NEET) for admission to the Bachelor of Ayurvedic Medicine and Surgery (BAMS) course for the academic yea...

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Supreme Court Allows Homebuyers' Appeal and Waives Time Extension Charges Imposed by Devel...

Supreme Court Dismisses Insurer's and Claimant's Appeals in Motor Accident Death Compensat...

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