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High Court of Bombay at Goa Quashes Demand for Enhanced Casino Licence Fees Based on Amended Notification Without Retrospective Effect. Notification under Section 13A of the Goa, Daman & Diu Public Gambling Act, 1976 cannot apply to existing licences; recovery set aside.

The petitioners, Advani Hotels & Resorts India Ltd. and its Chairman, operated an onshore casino named 'Goa Nugget' at Caravela Beach Resort in Goa un...

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WRIT PETITION NO.2457 OF 2012

The Bombay High Court was seized with four writ petitions filed by various trade unions representing aircraft engineers, technical staff, and technici...

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High Court of Gujarat at Ahmedabad Examined Conviction Under Sections 498A, 306 IPC and Dowry Prohibition Act in Appeal. Dying Declaration Contradictions and Procedural Irregularities Raised as Grounds to Set Aside Trial Court’s Judgment.

The appeal challenged the conviction of the appellant-husband for offences under Sections 498A and 306 of the Indian Penal Code and Sections 3 and 7 o...

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Bombay High Court Allows Appointment of Sole Arbitrator in Joint Venture Dispute — Arbitration Clause Survives Termination of Agreement. Section 11 of the Arbitration and Conciliation Act, 1996 invoked for disputes arising from Joint Venture Agreement dated 28th March, 2007.

The applicant, M/s. Atul & Arkade Realty, a partnership firm engaged in real estate development, filed an application under Section 11 of the Arbitrat...

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Bombay High Court Allows Fishermen Cooperative's Petition Against Demolition of Fishermen Huts in Coastal Zone. Court Holds That Traditional Fishing Communities Have Customary Rights to Occupy Foreshore Land for Livelihood, Subject to Environmental Clearances Under CRZ Notification, 2011.

The petitioner, Mariyayi Macchimaar Sahkari Sanstha Maryadit, a cooperative society of traditional fishermen, filed a writ petition challenging the pr...

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Bombay High Court Dismisses Appeal by Financial Institution in Suit for Recovery of Money Due to Failure to Prove Loan Agreement and Liability of Promoters. Equity Participation by Appellant Did Not Create a Debtor-Creditor Relationship with Respondents.

The appellant, EDC Limited, a financial institution, filed a suit for recovery of Rs. 17,50,000/- with interest against the respondents, M/s. GKB Opht...

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High Court Directs Coastal Zone Authority to Decide on Mangrove Cutting for High-Speed Rail Project. Court Holds That Expert Bodies Must First Determine Larger Public Interest Before Permitting Destruction of Mangroves Under Coastal Regulation Zone Notification, 2011.

The writ petition arose from a decision of the Maharashtra Coastal Zone Management Authority (MCZMA) deferring permission for the National High Speed ...

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Bombay High Court Dismisses Appeal by Guarantors in SFC Act Recovery Case — Directors Held Jointly and Severally Liable for Company Loan. Guarantors Cannot Raise Defences of Principal Debtor Under Section 31(1)(aa) of State Financial Corporation Act, 1951.

The appeal arises from a judgment dated 19th September 2007 passed by the learned Adhoc District Judge, Pune, in Miscellaneous Civil Petition No.859 o...

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Bombay High Court Allows Appeal in Guardianship Case — Child's Welfare Paramount. Consent of Biological Parents and Child's Best Interests Justify Granting Guardianship to Prospective Adoptive Parents Under Guardians and Wards Act, 1890.

The case involves an appeal against an order of a learned single Judge dated 30th November 2004 dismissing the appellants' petition for guardianship. ...