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Bombay High Court Dismisses Writ Petition Challenging Order Setting Aside Election of Councilor for Non-Disclosure of Criminal Cases. Failure to Disclose Pending Criminal Cases in Affidavit Under Section 5A of Maharashtra Municipal Corporations Act, 1949 Renders Election Void.

The petitioner, Shri Rajendra Jayant Devalekar, was elected as a Councilor of the Kalyan-Dombivli Municipal Corporation in the 2015 elections. Respond...

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Bombay High Court Dismisses Appeal Against Rejection of Interim Injunction in Municipal Demolition Case — Appellant Failed to Show Prima Facie Case for Protection of Unauthorized Construction Under MMC Act, 1888.

The appellant, owner of a building in Mumbai, obtained permission from MHADA in 2006 to repair the dilapidated building but failed due to financial cr...

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Bombay High Court Dismisses Appeal Against Refusal of Ad-Interim Relief in Suit Challenging BMC's Demolition Notice. Occupants of Unauthorized Structures Not Entitled to Injunction Against Statutory Authority Under Section 351 of Mumbai Municipal Corporation Act, 1888.

The appellants, occupants and owners of premises in Manish Apartment, Vile Parle, filed a suit seeking injunction against the Municipal Corporation of...

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Bombay High Court Allows Writ Petition Challenging Local Body Tax Demand Due to Non-Compliance with Natural Justice. Assessment Order Must Precede Demand Notice Under Section 33(7) of MMC Act, 1949.

The petitioner, M/s Hariom Sarees Depot, challenged an order dated 15 July 2013 passed by the Commissioner, Ulhasnagar Municipal Corporation, confirmi...

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Bombay High Court Allows Appeal by Non-Party Neighbour in Balcony Construction Dispute — Leave Granted as Aggrieved Person Under Order 43 Rule 1A CPC. The court held that a non-party can appeal if aggrieved and applies for leave, relying on Province of Bombay v. Western India Automobile Association.

The case involves an appeal filed by Kiran Ramesh Kothari, a neighbour of the plaintiff in a suit, against an order protecting a balcony construction....

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Bombay High Court Upholds Contempt Order Against Municipal Corporation for Breach of Undertaking in Unauthorized Construction Case. Court Holds That Breach of Undertaking Given to Court Attracts Penalty Under Order 39 Rule 2A CPC.

The respondent, Bhikanlal Nanakchand Sharma, owned a shop near Mulund Checknaka, LBS Road, Mulund West, Mumbai. He and other shopkeepers had carried o...

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Bombay High Court Allows Municipal Corporation's Appeal Against Injunction in Shop Act Licence Dispute. Licence under Bombay Shops and Establishments Act does not confer immunity from action under Section 394(4) of Mumbai Municipal Corporation Act for unauthorised use of premises.

The Municipal Corporation of Greater Mumbai (appellant) appealed against an order of the City Civil Court, Mumbai, which granted an interim injunction...

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Bombay High Court Allows Withdrawal of Writ Petition with Liberty to File Fresh Petition in Municipal Corporation Property Dispute. Court permits petitioners to withdraw petition challenging demolition notice, reserving right to file fresh petition with proper pleadings.

The petitioners, Siesta Industrial & Trading Corporation, M/s JAJ Creations Impex Pvt. Ltd., and Paresh P. Parekh, filed a writ petition before the Bo...