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Bombay High Court Dismisses Petition Challenging Rejection of Caveat in Execution Proceedings — Caveat Under Section 148A CPC Not Maintainable After Execution Application Is Filed. Court Holds That Assignee Decree-Holder Can Execute Decree Without Notice to Judgment-Debtor Under Order 21 Rule 16 CPC.

The petitioners, who are judgment-debtors in a pending execution application, filed a caveat under Section 148A of the Code of Civil Procedure, 1908 (...

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Bombay High Court Division Bench Hears Writ Petitions Challenging Municipal Corporation's Power to Regulate Hoardings on Railway Property. Petitions seek declaration that Railway Properties exempt from local authority jurisdiction under Railways Act, 1989.

The Bombay High Court heard a batch of writ petitions filed by the Union of India (Western Railway) and numerous private advertising entities. The pet...

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Bombay High Court Quashes Disqualification of Municipal Councillors Under Section 42 of Maharashtra Municipal Councils Act — Minister's Order Set Aside for Violation of Natural Justice and Lack of Speaking Order

The petitioners, four councillors of the Municipal Council, Narkhed, challenged an order dated 29.11.2016 passed by the Minister of Urban Development,...

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Bombay High Court Allows Appeal Against Refusal of Injunction in Municipal Demolition Case — Structure Claimed to Be Pre-1962 Protected Property. Court Holds That Prima Facie Case for Interim Relief Exists Where Structure Allegedly Existed Prior to Cut-Off Date Under Section 351 of MMC Act, 1888.

The appellant, M/s Masjid Wa Madrasa Fatimatu Zohra (Ra) Trust, filed an appeal against an order of the City Civil Court, Mumbai, dated 21 September 2...

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High Court of Karnataka Dismisses Petition Seeking to Exclude MLAs/MPs from Voting in Mayor Election. Writ of mandamus refused as petitioners failed to show any legal bar preventing legislators from voting in municipal corporation mayoral elections.

The petitioners, who were corporators of the Corporation of the City of Belgaum, filed a writ petition under Articles 226 and 227 of the Constitution ...

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Bombay High Court Dismisses Appeal Against Committal of Insolvent to Civil Prison Under Section 34 of Presidency Towns Insolvency Act, 1909. Insolvent Removed Properties Without Leave of Official Assignee and Failed to Cooperate, Justifying Committal for Six Months.

The appeal arose from an order of the learned Single Judge directing the Appellant, Rajesh D. Vora, who was adjudged insolvent, to be committed to civ...

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Bombay High Court Grants Interim Injunction in Share Dispute Alleging Fraudulent Transfer. Plaintiff's claim for half share in father's estate upheld pending trial due to prima facie evidence of fraudulent share transfer under Companies Act.

The plaintiff, Prabodh Jamnadas Kothari, filed a suit seeking declaration of the estate of his deceased father and his 1/2 share therein, particularly...

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Bombay High Court Dismisses Developer's Appeal Against Injunction Restraining Unauthorized Construction of Additional Floors. Purchaser's Right to Seek Injunction Upheld Where Developer Alters Building Character Without Consent and Fails to Form Society as Agreed.

The appeal arises from a suit filed by the respondent (original plaintiff) against the appellant (original defendant) seeking a permanent injunction r...

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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...