Search Results for "Encroachment"

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Supreme Court Modifies Expulsion of Bihar MLC to Suspension, Reinstates Dr. Sunil Kumar Singh – Proportionality in Legislative Punishment Under Scrutiny. Court Invokes Article 142 to Ensure Proportionality in Legislative Discipline, Reinstates Petitioner After 7 Months of Expulsion

Maintainability of Writ Petition: The Court held that the Writ Petition is maintainable as Article 212(1) does not bar judicial review of legislative...

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Reservation Lapse Under MRTP Act: Supreme Court Declares Land Free After 33 Years of Inaction. Supreme Court Invokes Article 142 to Do Complete Justice in Land Reservation Case

The Supreme Court held that the reservation of the land had lapsed under both Section 49(7) and Section 127 of the MRTP Act due to the failure of the ...

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Supreme Court Dissolves Marriage on Grounds of Irretrievable Breakdown, Quashes Extradition Proceedings, and Awards Permanent Alimony

Supreme Court Exercises Powers Under Article 142 of the Constitution of India to Dissolve Marriage, Quash Litigations, and Direct Release of Impounded...

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Executing Court failed to exercise jurisdiction under Section 51 of the Code of Civil Procedure, 1908 – High Court quashed the impugned order and remanded the matter for proper execution of the decree.

The Executing Court has a duty to exercise jurisdiction under Section 51 CPC to determine all questions relating to decree execution, including the id...

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Executing Court failed to exercise jurisdiction under Section 51 of the Code of Civil Procedure, 1908 – High Court quashed the impugned order and remanded the matter for proper execution of the decree.

The Executing Court has a duty to exercise jurisdiction under Section 51 CPC to determine all questions relating to decree execution, including the id...

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This judgment pertains to two Land Acquisition References (LAR 18/1988 and 19/1988) concerning land requisitioned for Mumbai Airport expansion. The ce...

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Joining a Member of a Housing Society as a Party in Unauthorized Construction Dispute. A cooperative society member has a locus standi to challenge unauthorized construction by another member if it impacts common rights.

The Bombay High Court allowed the impleadment of a cooperative housing society member as a defendant in a suit challenging unauthorized construction b...

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Jurisdictional Determination in Easementary Right Claim on Waqf Property. Balancing Civil Jurisdiction and Waqf Tribunal Powers in Disputes Over Waqf Property Access Rights.

The High Court of Bombay addressed the issue of jurisdictional competence between the Waqf Tribunal and the Civil Court. The case revolves around the ...

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Trustees’ Authority in Managing Encroached Land for Slum Rehabilitation: Bombay High Court Clarifies. Bombay High Court allows PLAINTIFFS to collaborate with developers to undertake slum rehabilitation on its encroached lands, empowering trustees under the Public Trust Act.

1. Introduction:The plaintiffs, A. H. Wadia Trust, a public charitable trust, along with its trustees (Plaintiffs No. 2 to 5), approached the court vi...