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Bombay High Court Dismisses Petitions Challenging Demolition of Illegal Construction in Residential Zone. Unauthorized construction in residential zone without valid development permission is liable for demolition under MRTP Act and BMC Act.

The case involves two writ petitions filed by Sharvan Developers Private Limited and others, and by Jayesh Mehta and others, challenging a demolition ...

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Bombay High Court Allows Appeal in Property Injunction Case — Suit for Injunction Simpliciter Not Maintainable When Specific Performance Is Available. Section 41(h) of Specific Relief Act, 1963 Bars Injunction Where More Efficacious Relief of Specific Performance Is Not Sought.

The appellant, original defendant no.1, owned a flat. On 6 June 2008, he allegedly agreed to sell it to the respondent no.1 (plaintiff) for Rs.40 lakh...

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Bombay High Court Grants Interim Relief Under Section 9 of Arbitration Act in Contract Dispute Over Reduced Supply Quantity and Performance Bank Guarantee. Court Restrains Invocation of Bank Guarantee and Coercive Steps Pending Arbitration, Finding Prima Facie Case of Contract Variation and Force Majeure.

The petitioner, Sanmit International FZE, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim relief again...

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High Court of Bombay Sets Aside Exparte Arbitral Award for Lack of Notice Delivery Under Section 3 of Arbitration Act. Failure to Prove Service of Notice Violates Natural Justice and Renders Award Invalid.

The petitioner, Bindiya Ajay Chawla, was a co-borrower along with respondents 2 and 3 in a loan transaction with respondent No.1, Citifinancial Consum...

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Bombay High Court Dismisses Petition Challenging Invalidation of OBC Caste Claim. Father's Caste Certificate Showing 'Patidar' (Non-OBC) Used as Basis for Rejection.

The petitioner, Ankur Bharatbhai Patel, was admitted to B.E. course in CAP Round IV as an OBC candidate claiming to belong to the Leva Patidar communi...

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Bombay High Court Upholds Striking Off Defence for Non-Payment of Maintenance in Family Court Proceedings. Failure to Pay Interim Maintenance Under Section 18 of Hindu Adoption & Maintenance Act, 1956 Justifies Striking Off Defence Under Order 39 Rule 11 CPC.

The petitioner-husband and respondent-wife married on 3.5.1983. Marital discord led to multiple proceedings: the wife filed for divorce under Section ...

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Bombay High Court Dismisses Appeal Against Acquittal in Defamation Case Due to Complainant's Non-Appearance. Trial court's dismissal under Section 256 CrPC upheld as complainant showed no interest in prosecution.

The appellant, Smt. Prema Ramanand Hattangadi, filed a private complaint in 1984 against respondent no.2 and two others for offences under Sections 50...