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Bombay High Court Allows Public Interest Litigation to Protect Land for Government Sports Complex at Navi Mumbai. CIDCO's commercial allotment of land earmarked for sports complex quashed; State Government's decision to shift complex to remote location set aside.

The Bombay High Court was hearing a Public Interest Litigation filed by the Indian Institute of Architects, Navi Mumbai Center, challenging the action...

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Bombay High Court Allows Civil Revision Application Filed by Original Plaintiff Against Order Setting Aside Ex-Parte Decree — Defendant Failed to Show Sufficient Cause for Absence. Litigant Must Inform Court or Advocate of Change of Address and Cannot Blame Advocate for Non-Appearance.

This civil revision application under Section 115 of the Code of Civil Procedure, 1908 arose from an order of the City Civil Court, Greater Mumbai, wh...

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Bombay High Court Considers Writ Petitions Challenging Family Court’s Refusal to Appoint Commissioner for Partition of Matrimonial Property and Denial of Injunction Against Husband’s Entry. Issues Involve Interpretation of Joint Ownership and Rights Under Hindu Marriage Act, 1955.

The dispute arose from a marital discord between Sumit Vijay Kumar (husband) and Shraddha Gupta (wife), both working professionals married in 2011. Th...

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Bombay High Court Dismisses Army Officers' Challenge to Policy Change on Retention of Residential Accommodation During Study Leave. Policy change held to be reasonable and not arbitrary, as it applies uniformly to all officers and is based on administrative exigencies.

The petitioners, four Army officers (Lt. Col. Jitendra Ramchandra Manerikar, Lt. Col. Amar Nath Tripathi, Col. S. S. Jaglan, and Lt. Col. Atul Kishore...

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Bombay High Court Upholds Family Court Order Directing Husband to Vacate Matrimonial Home in Favor of Wife Under Protection of Women from Domestic Violence Act, 2005. Joint Ownership Does Not Bar Wife's Right to Residence.

The petitioner husband filed a writ petition under Article 227 of the Constitution of India challenging two orders passed by the Family Court No.2, Pu...

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Bombay High Court Allows Plaintiff's Suit for Declaration and Possession in Property Identity Dispute. Plaintiff Established Use of Name Pushpa/Pushpalata Interchangeably and Held to Be True Owner of Flat Under Cooperative Society Share Certificate.

This suit involved a dispute between two sisters-in-law over the ownership of a residential flat in Mumbai. The plaintiff, Pushpalata Sohanlal Sharma,...

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Bombay High Court Adjudicates Writ Petition Filed by Builder Challenging Sealing of Property Under Enemy Property Act, 1968. Court Examines Legality of Order Passed by Deputy Secretary and Custodian After Earlier Withdrawal of Enemy Property Proceedings.

The petitioner, a partnership firm engaged as builder and developer, filed a writ petition under Article 226 of the Constitution of India challenging ...

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Bombay High Court Dismisses Tenant's Petition Challenging Eviction Decree for Subletting Without Landlord's Consent. Subletting of Suit Premises to Third Party Without Consent of Landlord Justifies Eviction Under Section 13(1)(e) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The petitioner, Hari Pandurang Patil, was a tenant in a house property bearing CTS No.2121/43 situated at Navi Peth, Jalgaon, which was the ancestral ...