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Bombay High Court Quashes Arrest Order Against Guarantors in DRT Recovery Proceedings — Recovery Officer Cannot Order Arrest Without Prior Notice and Hearing Under Section 25 of RDDBFI Act, 1993

The petitioners, Kishor K. Mehta and Rajesh K. Mehta, were directors and guarantors of Beautiful Diamonds Company Limited, which had availed loan faci...

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Bombay High Court Dismisses Petitions Challenging Termination of Probationary Employees in MSETCL — Probation Period Extended Validly Under Service Rules. Termination of Probationer Without Stigma Upheld as Employer's Discretion Under Regulation 11 of MSETCL Service Regulations.

The petitioners, Chandrashekhar Tukarampant Madankar, Anup Udhav Lokhande, and Harshal Radheshyam Malewar, were appointed as Junior Engineers (Electri...

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Bombay High Court Restrains MMRDA from Taking Coercive Actions in Writ Petition Challenging Penalty Demand for Construction Delay; Lease Deed Clauses on Time Limit and Additional Built-Up Area Interpreted

The petitioners, Raghuleela Builders Private Limited and Reliance Industries Limited, filed a writ petition before the Bombay High Court challenging t...

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Bombay High Court Examines Disciplinary Jurisdiction of Medical Council of India Over Doctors in Maharashtra Medical Council Act Challenge. Court Considers Whether MCI Has Power to Remove Names from State Register and Whether Natural Justice Was Violated.

These writ petitions under Article 226 of the Constitution of India challenge orders passed by the Medical Council of India (MCI) and the Maharashtra ...

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Bombay High Court Quashes Scrutiny Committee Order Invalidating Thakur Scheduled Tribe Claim Due to Non-Consideration of Evidence. Petitioner's Caste Claim Remanded for Fresh Consideration with Opportunity to Produce Documents.

The petitioner, Jitendra Bhalchandra Salunke, filed a writ petition under Article 226 of the Constitution of India challenging the order dated 30.07.2...

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Bombay High Court Dismisses Appeal Against Temporary Injunction in Specific Performance Suit Based on Oral Agreement for Sale. Agreement to Sell Need Not Be in Writing If Followed by Part Performance Under Section 53A of Transfer of Property Act, 1882.

The present appeal arises from an order dated 6/11/2004 passed by the Joint Civil Judge, Senior Division, Nagpur in Special Civil Suit No. 201/2004, g...

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KAHC010366622012_1

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Bombay High Court Delivers Judgment on Challenge to DCR 33(7) Surplus Area Surrender for Cessed Building Rehabilitation. Petitioners Contended Compulsory Acquisition Without Adequate Compensation.

The group of writ petitions before the Bombay High Court challenged the constitutional validity of clause 4 of Appendix III to Regulation 33(7) of the...

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Bombay High Court Allows Appeal in Property Dispute Over Will Validity and Adverse Possession. The court upheld the validity of a Will and rejected the claim of adverse possession by co-owners, holding that possession must be hostile and with ouster to ripen into title.

The dispute pertains to a property known as 'Sullachi Nhat' in Calangute, Goa. The plaintiffs claimed title through a Will executed by Joao Francisco ...

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Bombay High Court Dismisses Application for Rejection of Plaint in Specific Performance Suit — No Concluded Contract Found. Agreement to Sell Not Finalized as Parties Did Not Reach Consensus on Essential Terms, and Suit Barred by Limitation Under Article 54 of Limitation Act, 1963.

The plaintiff, Shree Construction Company, filed a suit for specific performance of an alleged agreement to sell a property against the defendants, in...