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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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"Deputy Commissioner Cannot Exceed Revisional Jurisdiction Under Karnataka Municipalities Act – Karnataka High Court Quashes Building Licence and Khata Cancellation Orders for Violation of Natural Justice"

The petitioner challenged the orders dated 27.11.2013 and 02.08.2017 whereby the building licence granted in respect of the subject property was cance...

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High Court of Karnataka Allows Property Owners' Petitions Against BBMP for Issuing Form-B Without Form-A. Statutory Scheme Under Karnataka Municipal Corporations Act, 1976 Mandates Sequential Issuance of Property Tax Registers.

The judgment concerns two writ petitions filed under Article 226 of the Constitution of India by property owners against the Bruhath Bangalore Mahanag...

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Bombay High Court Allows Unwed Mother's Petition for Birth Certificate Without Father's Name. Right to Privacy Under Article 21 Protects Unwed Mother's Decision to Not Disclose Father's Name in Birth Certificate Under Registration of Births and Deaths Act, 1969.

The petitioner, an unmarried woman, delivered a female child on 7 November 2014. She filed a writ petition under Article 226 of the Constitution of In...

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Bombay High Court Allows Municipal Council's Petition Challenging Ex Parte Stay in Rent Revision Appeals — Pre-deposit Under Section 170 of Maharashtra Municipal Councils Act Mandatory Before Entertaining Appeals Against Rent Demands.

The Municipal Council, Achalpur filed a writ petition seeking to treat it as a representative petition for 74 appeals filed against it by occupiers/al...

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Gujarat High Court Dismisses State Appeal Against Acquittal in Kidnapping and Rape Case Due to Inconsistent Evidence and Lack of Corroboration. Victim's Testimony Contradicted by Medical Evidence and Delay in FIR Led to Benefit of Doubt for Accused Under Sections 363, 366, 376 IPC and SC/ST Act.

The State of Gujarat filed an acquittal appeal under Section 378 of the Criminal Procedure Code, 1973, challenging the judgment and order dated 10.01....

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Gujarat High Court Upholds Acquittal in Kidnapping and Rape Case Due to Inconsistent Evidence and Consent. Allegations under Sections 363, 366, 376 IPC and Atrocity Act fail as victim's testimony is unreliable and medical evidence does not support prosecution case.

The State of Gujarat filed an acquittal appeal under Section 378 of the Criminal Procedure Code, 1973, challenging the judgment and order dated 10.01....

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Bombay High Court Allows Appeal by Municipal Corporation in Property Dispute Over Road Widening Compensation. Promise to Sanction Additional FSI Held Not Binding Without Consideration and Formal Approval.

The Thane Municipal Corporation (appellant) appealed against a judgment and decree dated 10.3.2005 passed by the Civil Judge Senior Division, Thane in...

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High Court of Karnataka Acquits Accused in POCSO Case Due to Inconsistent Evidence and Unreliable Age Determination. Conviction under Section 6 of POCSO Act and Section 376(2)(i)(n) IPC set aside as victim's age not proved beyond reasonable doubt and medical evidence inconsistent with alleged rape.

The appellant, Manikanta @ Puli, was convicted by the I Additional Sessions Judge and Special Judge, Chikkamagaluru, in Spl.C.(PCSOA) No.10/2017 for o...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Property Dispute. Court holds that Order 7 Rule 11(d) CPC requires the plaint to be read as a whole and the defence cannot be considered for deciding whether the suit is barred by law.

The petitioners, original defendants, filed a Civil Revision Application under Section 115 CPC challenging the order dated 26.04.2011 passed by the Ci...