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Bombay High Court Dismisses Petitions Challenging MCGM's Condition of 100% Tenant Consent for Redevelopment of Dilapidated Buildings. Clause 1.15 of C-1 Guidelines Requiring Permanent Alternate Accommodation Agreements with All Tenants as Precondition for Commencement Certificate is Valid and Enforceable.

The judgment concerns two writ petitions filed under Article 226 of the Constitution of India challenging the condition imposed by the Municipal Corpo...

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Bombay High Court Dismisses Revision and Writ Petitions in Property Dispute, Upholding Appointment of Court Receiver. Court holds that disputes regarding title and possession cannot be decided in summary proceedings and that appointment of receiver is a discretionary remedy to preserve property.

The judgment arises from a property dispute concerning a piece of land in Mumbai. The original plaintiff, Amedmal Bhatewada (since deceased), filed a ...

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Bombay High Court Quashes Remand Order in Co-operative Loan Recovery Case — Borrower's Admission of Liability Precludes Reopening of Accounts. Co-operative Appellate Court Exceeded Jurisdiction by Setting Aside Consent Decree Based on Borrower's Own Default in Payment.

The petitioner, Yashomandir Sahakari Patpedhi Maryadit, a co-operative society, filed a dispute under Section 91 of the Maharashtra Co-operative Socie...

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Bombay High Court Allows Petitions Against Municipal Corporation for Issuance of TDR Certificates. Transfer of Development Rights must be granted in accordance with Development Control Regulations and cannot be arbitrarily denied.

The petitioners in these four writ petitions are owners of lands that were acquired by the Amravati Municipal Corporation for the construction of a ro...

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Bombay High Court Allows Petition Challenging Reopening of Assessment Under Section 148 of Income Tax Act, 1961 — Reopening Based on Mere Change of Opinion Without Fresh Material Held Invalid.

The petitioner, M/s. Rabo India Finance Limited, challenged the reopening of its income tax assessment for Assessment Year 2006-07 under Section 148 o...

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Bombay High Court Dismisses Challenge to Section 515A of Mumbai Municipal Corporation Act, 1888 Barring Civil Suits Against Demolition Orders. Provision held constitutionally valid as it does not oust writ jurisdiction and provides adequate alternative remedy.

The petitioner, Abdul Razzaq Sunesra, challenged the constitutional validity of Section 515A of the Mumbai Municipal Corporation Act, 1888, inserted b...