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WRIT PETITION NO. 4987 OF 2022

The petitioners, landowners from village Vhanur, Taluka Kagal, District Kolhapur, filed writ petitions under Article 226 of the Constitution of India ...

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Bombay High Court Dismisses Petition Challenging Tahsildar's Partition Action Under Section 54 CPC — Execution of Decree Not Dependent on Final Decree for Collector's Precept. The court held that the Collector can effect partition without a final decree, and the petitioners had opportunity to be heard.

The case involves a decree-holder (sister) who obtained a preliminary decree for partition of her parents' property in 2006, which was confirmed in ap...

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Bombay High Court Directs Court Receiver to Evict Third Party from Suit Property in Port Trust Lease Dispute. Third party found in illegal occupation of building without any right, directed to be evicted with police assistance.

The Bombay High Court addressed a Court Receiver's Report seeking directions regarding a third party, Mr. Sahebrao Kadam, who was found occupying subs...

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Supreme Court Allows Appointment of Arbitrator in Defence Contract Dispute Over Encashment of Warranty Bond. The court held that the claims were not barred by limitation as bilateral discussions continued until 2019, and the arbitration clause covered the dispute.

The petitioner, a Swiss company engaged in arms manufacturing, entered into a contract with the Ministry of Defence, Government of India, for supply o...

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Bombay High Court Allows Writ Petition Challenging Condition No. 5 of NOCs for Redevelopment Projects — Condition Imposing Payment of Expenditure Incurred by Board Held Unauthorized and Without Legal Basis. Court directs refund of amounts paid under protest pursuant to the impugned condition.

The Petitioner, Chandulal Jorawarmal Mehta, a sole proprietor of Mehta Developers, filed a Writ Petition under Article 226 of the Constitution of Indi...

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Supreme Court Allows State's Appeal in Compassionate Appointment Case Due to Delay and Inclusion of Pension in Income. Family pension can be considered in assessing indigent circumstances, and a seven-year delay in filing writ petition is fatal to the claim.

The Supreme Court allowed the appeal filed by the State of Himachal Pradesh against the judgment of the High Court of Himachal Pradesh which had direc...

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High Court of Bombay at Goa Hears Challenge to Registrar's Appointment of Directors Under Section 67A of Goa Co-operative Societies Act, 2001; Considers Democratic Control of Co-operatives.

The dispute concerns the appointment of two directors to the Board of the Goa Urban Co-operative Bank, a large scheduled bank, by the Registrar of Co-...

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Bombay High Court Dismisses Acquitted Accused's Writ Petition for Rs.200 Crore Compensation as Acquittal Does Not Automatic Entitlement. The Court Holds That Compensation Under Article 226 Requires Proof of Malicious Prosecution and Violation of Fundamental Rights, Not Mere Acquittal.

The present writ petition under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973 was filed by the peti...

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Supreme Court Upholds Dismissal of Assessee's Appeals for Non-Payment of Tax; Holds Extension of Assam Sales Tax Act to Shillong Administered Area Valid. Requirement of Payment of Tax Before Appeal Under Section 30 of Assam Sales Tax Act, 1947 Upheld, No Power to Accept Security in Lieu of Cash.

The dispute arose out of assessment orders and penalties imposed under the Assam Sales Tax Act, 1947 on the appellant for various periods, all of whic...