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Bombay High Court Dismisses Petition Challenging Pre-trial Appointment of Court Commissioner for Land Measurement Under Section 75 r/w Order 26 Rule 9 CPC. Court Holds That Appointment of Commissioner is Not Dependent on Commencement of Trial and Is Within Court's Discretion.

The Bombay High Court at Aurangabad addressed the issue of whether a Court Commissioner for measurement of land under Section 75 read with Order 26 Ru...

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Bombay High Court Dismisses Notice of Motion in Admiralty Suit — Commissioner to Record Objections for Court Determination at Trial. Admissibility of Documents Not to Be Decided at Interlocutory Stage Under Order 18 CPC.

The plaintiffs, Oil and Natural Gas Corporation Ltd., filed an admiralty suit for recovery of Rs.8,39,14,843/- plus US $45,26,707.88 and US $12,340 wi...

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(SLP (C) No.28644 of 2019)

Background: The case involves a service dispute where an Executive Engineer (Civil) with the North Delhi Municipal Corporation was dismissed from serv...

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Supreme Court Dismisses Challenge to Land Acquisition Notifications for Mahatma Gandhi Memorial, Upholds Validity of Commissioners of Divisions Act. Failure to Specify Instrumentality for Public Purpose Does Not Invalidate Notifications Under Sections 4 and 6 of Land Acquisition Act, 1894.

The appeal arose out of land acquisition proceedings initiated for setting up a memorial (Samadhi) to Mahatma Gandhi on the banks of the Sabarmati Riv...

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High Court of Judicature at Bombay Hears Writ Petitions Against Charity Commissioner's Sanction for Sale of Public Trust Property — Challenge Raised on Grounds of Lack of Public Auction and Violation of Natural Justice Under Section 36 of Bombay Public Trusts Act, 1950.

The writ petitions challenged the Charity Commissioner's order dated 2/9/2011 granting sanction to the trustees of a public trust to sell trust proper...

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High Court of Judicature at Bombay, Nagpur Bench Hears Second Appeals Challenging Public Auction Order in Partition Suit. Court Frames Substantial Questions on Validity of Sale Before Final Decree Under Order 21 CPC and Section 2 of Partition Act, 1893.

The litigation arose from a suit for partition, Special Civil Suit No.29/1996, filed by Anantrai Ramashankar Upadhyay, which was decreed on 13 October...

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Bombay High Court Dismisses Petition Challenging Municipal Commissioner's Order on Building Proposal Validity — Held That Commissioner's Decision Under Section 351 of the Mumbai Municipal Corporation Act, 1888 Is Final and Not Subject to Judicial Review on Merits.

The petitioner, M/s Mahendra Builders, a partnership firm, filed a writ petition under Article 226 of the Constitution of India challenging an order d...

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High Court of Bombay Disposes Chamber Summons Concerning Execution Sale of Property. Court Considers Commissioner's Report and Objections Arising from Auction Held on January 15, 2004, Under Consent Award Enforcement.

The matter pertained to the execution of a consent award obtained in arbitration proceedings between Camoran Finance & Investments (claimants) and Vir...