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Bombay High Court Allows Second Appeal in Property Suit — Concurrent Findings Set Aside Due to Non-Application of Mind by Lower Appellate Court. Failure to Frame Points for Determination Under Order 41 Rule 31 CPC Warrants Remand for Fresh Disposal.

The present second appeal arises from a suit for declaration and injunction filed by the original plaintiff (respondent herein) against the original d...

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Bombay High Court Dismisses Petition Challenging Demolition Order for Unauthorized Construction on Municipal Land. The court held that the petitioner had no legal right to the land and the demolition order was valid under the Mumbai Municipal Corporation Act, 1888.

The petitioner, Manish Estates Pvt. Ltd., filed a writ petition challenging the demolition order dated 6th October 2010 passed by the Deputy Chief Eng...

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Bombay High Court Allows Second Appeal in Property Dispute, Sets Aside Concurrent Findings on Limitation and Validity of Sale Deed. Suit for Possession Based on Prior Agreement to Sell Held Not Barred by Limitation as Cause of Action Arose from Notice of Eviction, Not Registration of Sale Deed.

The case involves a property dispute where the original plaintiff (now represented by legal heirs) filed a suit for possession based on an agreement t...

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Bombay High Court Allows Petition of Company in Agricultural Marketing Act Case — Processed Goods Not Covered. Notification Adding Sugar, Dry Fruits, and Edible Oils to Schedule Under Section 62 of Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963 Held Ultra Vires.

The petitioner, Britannia Industries Limited, a public company with its registered office in Calcutta and a branch in Bombay, filed a writ petition un...

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Bombay High Court Dismisses Petition Challenging Validity of MRTP Act Provisions. Court holds that Sections 49(7) and 127 of Maharashtra Regional and Town Planning Act, 1966 are constitutionally valid and not ultra vires Articles 14, 19(1)(g), 21, 21A, 47 and 243(w).

The petitioners, Chalisgaon Municipal Council and a resident, filed a writ petition under Article 226 of the Constitution challenging the constitution...

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High Court of Bombay at Goa Dismisses Writ Petition Challenging Tenancy Declarations and Sale of Agricultural Properties Due to Delay and Laches. Challenge to orders from 1988-1996 under Goa Tenancy Act fails as petition filed in 2013 is grossly delayed without explanation.

The petitioner, Rashid Salvador Sousa, filed a writ petition in April 2013 under Articles 226 and 227 of the Constitution before the High Court of Bom...