Search Results for "Maharashtra Municipal Acts"

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Supreme Court Allows Appeals Against High Court Orders Interdicting Statutory Deemed Termination Under Section 5B of Mumbai Municipal Corporation Act. High Court Cannot Suspend Legal Fiction of Retrospective Termination for Failure to Submit Caste Validity Certificate Within Prescribed Period.

The Supreme Court considered two appeals arising from a common judgment of the Bombay High Court dated 02.04.2019, which had allowed writ petitions fi...

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Bombay High Court Dismisses Petition Challenging Municipal Tax on Mobile Towers Following Supreme Court Precedent. Mobile Towers Held Taxable as 'Land' Under Municipal Corporation Acts Despite Absence of Specific Definition.

The petitioner, GTL Infrastructure Limited, a company incorporated under the Companies Act, 1956, challenged the exigibility of mobile towers to munic...

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Bombay High Court Quashes Pune Municipal Corporation Resolution and Circular on Compounding Fees for Building Irregularities. Resolution Held Ultra Vires MRTP Act and BPMC Act as No Power to Levy Such Charges for Regularization Under Section 53(3).

The case involved three writ petitions filed under Article 226 of the Constitution of India before the Bombay High Court challenging a Resolution date...

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Bombay High Court Dismisses Petitions Challenging Flyover Construction on Environmental Grounds — Held That Project Did Not Require Environmental Clearance as It Was a Linear Project on Existing Highway.

The judgment pertains to two writ petitions filed before the Bombay High Court challenging the construction of a flyover and road widening project on ...

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High Court of Judicature at Bombay Examines Disqualification of Councillor Under Maharashtra Municipal Councils Act. Dispute Centres on Interpretation of Section 44(1)(e) on Whether Pre-Election Unauthorized Construction by Spouse Can Lead to Disqualification.

The petitioner, a councillor of Mangaon Nagar Parishad, faced disqualification proceedings initiated by respondent No.4 under Section 44(1)(e) of the ...

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High Court of Bombay Considers Challenge to Maharashtra Municipal Amendment Ordinances and Act; Petitioners Allege Violation of Article 213. Court Examines Urgency and Legislative Process for Promulgation of Ordinance No. IX and XVI of 2016 and Act IX of 2017.

Three writ petitions were filed before the Nagpur Bench of the Bombay High Court challenging the validity of Maharashtra Ordinances and an Act that am...

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Bombay High Court Quashes Divisional Commissioner's Order in Municipal Disqualification Case. Court Holds That Independent Corporator Cannot Be Treated as Member of Political Party Without Consent Under Maharashtra Local Authority Members Disqualification Rules, 1987.

The petitioner, Lokashahi Aghadi, through its leader Shital Gaikwad, filed a writ petition challenging a communication dated 7.4.2017 issued by the Di...

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Bombay High Court Quashes Criminal Proceedings Against Retired Municipal Employees in Forgery Case Due to Lack of Sanction Under Section 197 CrPC. Allegations of Fabricating Official Records Require Prior Sanction for Prosecution of Public Servants for Acts Done in Discharge of Official Duty.

The petitioners, four retired employees of the Municipal Council, Ahmedpur, filed a Criminal Writ Petition under Article 226 of the Constitution of In...

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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 ...