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High Court Dismisses Petition Challenging Land Acquisition After 38 Years, Citing Delay and Laches. Petition Barred by Inordinate Delay – Abuse of Process of Law – Maharashtra Industrial Development Act, 1961 – Article 226 of the Constitution of India

Delay and Laches: The Court held that a petition filed after an inordinate delay, without any justification, is barred by the principles of delay and ...

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Bail Denied – Bombay High Court Refuses Bail to Accused in Gang Rape Case Citing Seriousness of Offence and Prima Facie Evidence. High Court Held – Accused Cannot Claim Bail Solely on Grounds of Delayed Trial When Charges are Framed and Prosecution is Proceeding Expeditiously

Seriousness of Offence – The Court held that gang rape under Section 376(D) IPC was punishable with rigorous imprisonment not less than 20 years, ex...

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Challenge to 10% Weightage for GATE Score in Recruitment Process. Constitutional Validity of GATE Score Weightage in Public Sector Recruitment – Bombay High Court Quashes Unconstitutional Conditions

GATE Score Weightage – Petitioners challenged the 10% weightage given to the Graduate Aptitude Test in Engineering (GATE) score in the recruitment ...

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Limitation Act, 1963 – Article 113 – Right to sue accrued when the default in payments occurred – Declaration as a defaulter does not extend limitation period – Suit for recovery of membership dues held time-barred.

a. Cause of action arose when the default in payment occurred, not when the respondents were declared defaulters.b. Suit filed beyond three years from...

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Bombay High Court Held That Retirement Includes Resignation—Entitlement to Pension Upheld

Resignation of a High Court Judge Does Not Forfeit Pensionary Benefits—Interpretation of “Retirement” Under High Court Judges (Salaries and Cond...

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Extension of Time for Hotel Construction Without Additional Lease Premium. Court Sets Aside CIDCO’s Termination Notice, Grants Extension for Hotel Project with Waiver of Additional Lease Premium

Arbitrary Action Violates Article 14: The Court held that CIDCO’s actions were arbitrary and violated the principles of equality under Article 1...

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Scope of Amendment under Section 152 of the Code of Civil Procedure, 1908 – High Court Holds Correction of Decree Justified in Case of Misdescription of Property

Judicial Power – Clerical or Accidental Errors – Distinction Between Review and Amendment – Execution of Decrees – Correction of Judgment to R...

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Refund of Premium Paid Under Urban Land Ceiling Act – Estoppel and Waiver of Rights. Court Rejects Money Claim for Refund of Premium After Land Sale, Upholds State’s Policy Under Urban Land Ceiling Act

Estoppel and Waiver: A party that accepts the benefits of a Government Resolution and acts upon it cannot later claim a refund or challenge the legali...

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High Court Quashed Appellate Order, Restored Temporary Injunction in Specific Performance Suit. Bombay High Court held that an unregistered Agreement for Sale is admissible as evidence in a suit for specific performance and reversed the appellate court’s decision denying temporary injunction.

A discretionary order granting a temporary injunction should not be interfered with unless it is arbitrary or perverse (Wander Ltd. vs. Antox India P....

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High Court of Bombay Dismisses Writ Petitions Challenging Cooperative Court’s Order on Guarantor Liability and Limitation. Court Upholds Cooperative Court’s Decision on Guarantor Liability Under Maharashtra Cooperative Societies Act, 1960 – Limitation Period Under Section 92(1) Applicable

Jurisdiction of Cooperative Court: Under Section 91(1)(d) of the MCSA, a dispute against sureties and nominal members of a cooperative society is main...