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Bombay High Court Upholds Lease Rent Revision Based on Ready Reckoner Rates for Housing Societies in Bandra. Court holds that linkage of lease rent to land value is not per se prohibited and the Government Resolutions of 2006, 2012, and 2018 are constitutionally valid.

The Bombay High Court, in a batch of writ petitions, upheld the constitutional validity of Government Resolutions (GRs) dated 29th May 2006, 12th Dece...

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Bombay High Court Allows Trust to Sell Land for Temple Development Under Section 36(1)(a) of Maharashtra Public Trusts Act, 1958. Joint Charity Commissioner's Rejection Set Aside for Non-Application of Mind.

The Petitioner, a registered charitable trust under the Maharashtra Public Trusts Act, 1958, sought permission under Section 36(1)(a) of the Act to se...

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Supreme Court Allows State Appeals in Land Acquisition Case — Doctrine of Legitimate Expectation Cannot Override Statutory Acquisition Process. Industrial Development Constitutes Valid Public Purpose Under Land Acquisition Act, 1894.

The appeals arise from a common judgment of the Uttarakhand High Court dated 02.11.2018, which dismissed the appeals filed by the appellants (the Stat...

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Supreme Court Dismisses Trust's Appeal Challenging Cancellation of Plot Allotment — Upholds High Court's Decision Based on Subsequent Developments and Consent Terms. The Court declined to interfere as the plot had been validly allotted to another trust under a settlement approved by the High Court.

The appellant, JVPD Scheme Welfare Trust, a public charitable trust registered under the Bombay Public Trust Act, applied for allotment of a plot in M...

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Supreme Court Sets Aside High Court Order in Income Tax Trust Registration Cancellation Case. Single Bogus Donation Can Trigger Cancellation Proceedings Under Section 12AA(3) of Income Tax Act, 1961.

The case involves an appeal by the Commissioner of Income Tax (Exemptions), Kolkata against an order of the Calcutta High Court which quashed the canc...

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Bombay High Court Allows Appeal in Trust Election Dispute — Upholds Validity of Trustees' Election Despite Procedural Irregularities. Substantial Compliance with Bye-Laws and Absence of Prejudice to Members Renders Election Valid Under Bombay Public Trust Act, 1950.

The case involves a dispute over the election of trustees of the People's Education Society, a public trust registered under the Societies Registratio...

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Bombay High Court Dismisses Residents' Association PIL Against School Construction on Recreational Ground — No Violation of Public Trust Doctrine. Change of Land Use from Recreational to Educational Valid Under Development Control Regulations.

The petitioners, Cuffe Parade Residents Association and its office bearers, filed a writ petition under Article 226 of the Constitution of India chall...

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Bombay High Court Allows Appeal by Association of Hospitals Against Dismissal of Writ Petition on Maintainability Grounds. The Court held that an association of hospitals has locus standi to challenge municipal tax exemption withdrawal orders affecting its members.

The appeal arose from a writ petition filed by the Association of Hospitals and another challenging communications from the Municipal Corporation of G...