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Bombay High Court Dismisses Petitions Challenging Refusal of No-Objection Certificate for New Colleges. Government Policy Requiring NOC from Existing Colleges in Vicinity Upheld as Valid and Not Arbitrary.

The petitioners, Jagruti Foundation and Sanjay Modak Education Society, filed writ petitions challenging the refusal of the State Government to grant ...

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Bombay High Court Quashes Lok Adalat Award for Lack of Valid Reference Under Section 20 of Legal Services Authorities Act, 1987. Petitioner's Signature Obtained Without Proper Procedure Renders Award Void.

The petitioner, Madhukar Baburao Shete, a senior citizen with 95% physical disability, challenged an award passed by the Lok Adalat in Regular Civil S...

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Bombay High Court Allows Summary Judgment for Recovery of Security Deposit in Leave and Licence Agreement Dispute. Option to Purchase Not Exercised Does Not Convert Licence into Sale.

The plaintiff, Polaroid India P.Ltd, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, for recovery of Rs.1,60,00,000/- being ...

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Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Permanent Injunction — No Jurisdictional Error or Perversity Found in Lower Appellate Court's Reversal of Trial Court Decree.

The petitioners, who were the plaintiffs in a suit for permanent injunction, filed a writ petition under Article 227 of the Constitution of India chal...

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Bombay High Court Allows Complainant in Dishonour of Cheque Cases, Holding That Territorial Jurisdiction Lies Where the Cheque Is Presented for Encashment Under Section 138 of the Negotiable Instruments Act, 1881. Cheques Payable at Par Confer Jurisdiction at the Drawee Bank Branch Where Presented.

The petitioner, Helcino Aleixo Fernandes, a businessman residing in Majorda, Goa, filed nine complaints under Section 138 of the Negotiable Instrument...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Proved by Attesting Witness and Part Performance, Defendant Failed to Discharge Burden Under Section 16(c) of Specific Relief Act, 1963.

The present second appeal was filed by the original defendant, Madan s/o Mohan Gupta, challenging the concurrent judgments and decrees passed by the c...

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Supreme Court Allows Appeal Against Arrest Under PML Act — Validity of Arrest Under Section 19 PML Act Must Be Examined by Trial Court at Remand Stage

The Supreme Court heard an appeal by Arvind Kejriwal challenging his arrest by the Directorate of Enforcement (DoE) under Section 19 of the Prevention...

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Karnataka High Court Quashes Criminal Proceedings Under PC & PNDT Act Due to Non-Maintenance of Form-F Not Being an Offence and Procedural Lapses. Allegation of Expired Registration Fails as Authority Delayed Renewal Application Beyond Two Years, and No Prior Hearing Was Given Under Section 20.

The petitioners, owner and registered medical practitioner of a clinical laboratory, filed a petition under Section 482 of the Code of Criminal Proced...

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Bombay High Court Allows Defendant's Counter Claim Despite Limitation Concerns in Summary Suit — Limitation is a Mixed Question of Law and Fact Not to Be Decided on Affidavits

The case arises from a Summary Suit instituted in 1997 by Tube Investment of India Limited (Plaintiff) against Gulf Oil India Limited (Defendant) on t...

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Bombay High Court Upholds Specific Performance of Unregistered Agreement Under MOFA — Loan Defence Rejected. Agreement for sale under Maharashtra Ownership Flats Act, 1963 is enforceable despite non-registration.

The plaintiffs, shop purchasers, filed a suit for specific performance of an unregistered agreement for sale dated 31.8.1991 against the defendant dev...