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Bombay High Court Examines Maintainability of Writ Petition Involving Parking Amenity Dispute Under Article 226. Court Finds That Alteration of Parking Amenity Raises Public Law Concerns Requiring Planning Authority to Regard Public Convenience and Safety.

The Bombay High Court adjudicated a writ petition filed by Unity Mall Premises Co-operative Society against Vasai-Virar City Municipal Corporation and...

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High Court of Karnataka Allows Appeals by Cooperative Society Against Rejection of Plaints in Suits for Permanent Injunction — Dispute Over Title to Property Requires Full Trial, Not Summary Rejection Under Order 7 Rule 11 CPC.

The appellant, Dattaprasad Cooperative Society Ltd., filed four Regular First Appeals against the judgment and decree dated 27.02.2006 passed by the V...

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Bombay High Court Dismisses Society's Petition Challenging Membership of Garage Owners. Co-operative Housing Society Cannot Deny Membership to Garage Owner Under Section 22 of Maharashtra Co-operative Societies Act, 1960 Despite Bye-law Restriction.

The Petitioner, Mistry Park CHS Ltd., a co-operative housing society, challenged the orders of the Deputy Registrar and Divisional Joint Registrar dir...

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Bombay High Court Quashes Senior Citizens Tribunal Order Directing Son to Vacate Flat and Pay Maintenance to Mother — Tribunal Exceeded Jurisdiction Under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 by Deciding Title and Granting Possession Without Proper Inquiry.

The petitioners, Hemant Gamanlal Mehta and his wife Heena Hemant Mehta, challenged an order dated 28 July 2022 passed by the Sub Divisional Officer, E...

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Bombay High Court Dismisses Petition Challenging Execution of Possession Warrant in Specific Performance Decree. Decree for Specific Performance Implicitly Includes Possession Even Without Express Direction, and Executing Court Can Issue Warrant After Sale Deed Execution.

The petitioner, Baliram Kakde, challenged an order dated 13.06.2018 passed by the executing Court in RD No.38 of 2015, which allowed the application f...

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Bombay High Court Dismisses State Appeal Against Maintainability of Suit Challenging Slum Acquisition Proceedings. Suit for Declaration of Title and Injunction Held Maintainable Despite Bar Under Section 42 of Maharashtra Slum Areas Act, 1971.

The State of Maharashtra appealed against an order dated 12 April 2016 passed by a learned Single Judge of the Bombay High Court in Suit No.2862 of 20...

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Bombay High Court Dismisses Petition Seeking Protection of Stall in Slum Area — Petitioner Failed to Establish Possession Prior to Cut-off Date of 1.1.1995. Land Belonging to MHADA Vests in Slum Rehabilitation Authority Under Maharashtra Slum Areas Act, 1971.

The petitioner, Shriniwas Krishna Suvarna, filed a writ petition before the Bombay High Court seeking protection for his stall located on land belongi...