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Bombay High Court Allows Appeal Against Order Rejecting Plaint in Suit for Injunction and Declaration — Dispute Over Common Passage in Residential Building. Court Holds That Disputed Passage Is Not an 'Open Space' Under MOFA Section 1A(e) and That the Suit Is Not Barred by Limitation or Res Judicata.

The appellants, Zenobia R. Poonawala and Rohinton Poonwala, are residents of Flat No.9 in Rutton Manor, a residential building in Colaba, Mumbai. They...

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Bombay High Court Dismisses Appeal by Municipal Corporation in Demolition Notice Case. Court holds that demolition notices under Section 351 of the Mumbai Municipal Corporation Act, 1888 require prior show-cause notice and opportunity of hearing, upholding trial court's order setting aside notices.

The Municipal Corporation of Greater Mumbai (appellant) filed an appeal against an order of the City Civil Court, Mumbai, which set aside demolition n...

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Supreme Court Dismisses Telecom Company's Claim for Refund of Entry Fee After 2G Licences Quashed Due to Illegal Government Policy. Restitution Under Section 65 of Indian Contract Act, 1872 Denied as Quashing Did Not Render Contracts Void, and Set-Off Policy Upheld Under Article 14 of Constitution.

The dispute involved a telecom company seeking a refund of an Entry Fee of Rs 1454.94 crores paid for 2G licences across twenty-one service areas, aft...

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Bombay High Court Dismisses Review Petition in Specific Performance Suit — No Error Apparent on Record Under Order 47 Rule 1 CPC. Promoter of Proposed Cooperative Society Held to Have Locus Standi to Sue for Specific Performance Despite Society Being Unregistered.

The case arises from a suit for specific performance of an agreement for sale dated 12 August 1981. The plaintiff, Respondent No.1, as chief promoter ...

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Bombay High Court Allows PIL Seeking Removal of Petrol Pumps Near Bibi Ka Maqbara Heritage Site. Court directs relocation of petrol pumps within 500 meters of the protected monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 and Heritage Regulations.

The petitioner, Mr. Shahid Aslam, filed a Public Interest Litigation before the Bombay High Court (Aurangabad Bench) seeking the removal of petrol pum...

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Bombay High Court Acquits Appellants in Murder Case Due to Unreliable Evidence and Failure to Prove Unlawful Assembly. Conviction Under Sections 147, 148, 302, 323, 427, 452 Read With Section 149 IPC Set Aside as Dying Declaration and Witness Testimony Found Unreliable.

The case arises from a political rivalry in Aundi village, Solapur district. The appellants, along with others, were tried for forming an unlawful ass...

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Supreme Court Acquits Appellant in Railway Stores (Unlawful Possession) Act, 1955 Case Due to Lack of Proof that Seized Articles Were Used or Intended for Railway Use. Conviction Under Section 3 Quashed as Prosecution Failed to Establish Goods Were 'Railway Stores' Under Section 2 of the Act.

Background: This criminal appeal arose from proceedings under the Railway Stores (Unlawful Possession) Act, 1955. The appellant, a private individual,...