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Bombay High Court Allows Petitions Against Municipal Corporation for Issuance of TDR Certificates. Transfer of Development Rights must be granted in accordance with Development Control Regulations and cannot be arbitrarily denied.

The petitioners in these four writ petitions are owners of lands that were acquired by the Amravati Municipal Corporation for the construction of a ro...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Not Proved as Plaintiff Failed to Show Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

The present second appeal was filed by the original plaintiffs (appellants) challenging the concurrent judgment and decree passed in Special Civil Sui...

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Bombay High Court Dismisses Challenge to Construction in CRZ Area, Upholds NGT Order on Environmental Clearance Validity. Construction of hotel building in Colva, Goa, held not to violate CRZ Notification 1991 as it was within permissible floor space index and setback requirements.

The judgment concerns two writ petitions: Writ Petition No. 751 of 2008 filed by Theodore Fernandes and Goencarancho Vorixtte Awaz (an association) ag...

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Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice. Notice sent by registered post but not actually delivered to the accused; court holds that presumption of service under Section 27 of General Clauses Act is rebuttable and not automatic.

The applicant, Girish Gangaram Chitta, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR ...

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Bombay High Court Dismisses Writ Petition for Revalidation of DFIA Licenses Due to Availability of Statutory Alternative Remedy. Petitioner failed to avail appeal remedy under Section 9(5) of Foreign Trade (Development and Regulation) Act, 1992 within prescribed period.

The petitioner, M/s. Oriental Export Corporation, filed a writ petition under Article 226 of the Constitution of India seeking a direction to the resp...

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Bombay High Court Allows Writ Petition of Municipal Council for Payment of Kisan Vikas Patra Maturity Amount Despite Limitation Bar. Court Directs Release of Rs. 12 Lakhs with 6% Interest, Holding That Writ Jurisdiction Can Be Exercised When Limitation Not Raised by Respondent.

The petitioner, Mormugao Municipal Council, a municipal council established under the Goa Municipalities Act, 1968, invested a sum of Rs. 6,00,000/- i...

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Bombay High Court Allows Employer's Petition Challenging Reinstatement Order — Employee Abandoned Service by Taking Up Employment Abroad Without Intimation. Clause 13.4 of Certified Standing Orders Validly Invoked to Terminate Employment for Abandonment of Service Under Industrial Disputes Act, 1947.

The Petitioner, Infomedia India Ltd., engaged the First Respondent as a machine operator at its printing establishment in Mumbai. On 22 June 1992, the...

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Bombay High Court Dismisses State Appeal Against Acquittal in Corruption Case Due to Unreliable Trap Witness. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Prevention of Corruption Act, 1988.

The State of Maharashtra appealed against the judgment of the Special Judge, Pune, acquitting the respondent-accused Madhukar Dharmaji Kale of offence...