Search Results for "Demolition incident"

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High Court of Karnataka Allows Writ Petition in Final Decree Proceedings — Mesne Profits Must Be Determined Before Auction Sale. Held that mesne profits under Section 2(12) CPC are a substantive right that cannot be deferred until after the sale of property in final decree proceedings.

The petitioner, Sri S.P. Suresh, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging two orders passed by the XV...

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Bombay High Court Quashes Summary Eviction Order Against 80-Year-Old Tenant in MHADA Redevelopment Dispute. Petitioner's Right to Alternate Accommodation Under Section 95A of MHADA Act Upheld as Board Failed to Provide Permanent Rehabilitation Before Eviction.

The petitioner, Sugrabai Gulam Abas Tambawala, an 80-year-old housewife, filed a writ petition under Article 226 of the Constitution of India challeng...

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Bombay High Court Acquits Appellants in Assault Case Due to Unreliable Witness Testimony. Conviction under Sections 143, 147, 324, 332 read with 149 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

The case involves an appeal against conviction under Sections 143, 147, 324, 332 read with 149 IPC. The prosecution alleged that the appellants formed...

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Bombay High Court Dismisses Suit by Condominium Against Developer for Declaration of Rights Over Adjoining Plots as Barred by Limitation. Claims for Easement and Right of Way Held Time-Barred Under Articles 25, 65, and 113 of Limitation Act, 1963.

The Plaintiffs, Beach Towers Condominium and its President, filed a suit in 2012 seeking declarations that they have a right of way and easement over ...

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Bombay High Court Grants Bail to Accused in Illegal Building Collapse Case Due to Lack of Prima Facie Evidence of Culpable Homicide and Long Incarceration. Court Held That Section 304 IPC Requires Knowledge of Likely Death, Which Was Not Established Against the Applicants.

The judgment concerns three bail applications filed by accused persons arrested in connection with the collapse of an illegally constructed building i...

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Bombay High Court Upholds Acquittal in Assault Case Due to Unreliable Interested Testimony and Lack of Independent Witnesses. Conviction under Sections 323, 325, 504, 506 r/w 34 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

The State of Goa appealed against the acquittal of five accused persons (Suhasini Palyekar, Anita Palyekar, Chandrakan Palyekar, Narendra Palyekar, an...

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Bombay High Court Dismisses Petitions Challenging Demolition of Unauthorized Construction on Municipal Land — Held That No Notice Under Section 53A of Transfer of Property Act Is Required for Unauthorized Occupants and That Encroachment on Public Land Cannot Be Regularized.

The judgment concerns two writ petitions filed by different groups of petitioners challenging the demolition of their constructions on land belonging ...

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Bombay High Court Dismisses Petition Challenging Demolition of Unauthorized Structure Under MRTP Act — Petitioner Failed to Produce Valid Documents to Establish Legality of Construction.

The petitioner, Jitendra Gorakh Megh, filed a writ petition under Article 226 of the Constitution of India challenging the demolition of his bungalow ...