Search Results for "Nuisance"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Hears Appeals Against Madras High Court’s Setting Aside of Alien...
Supreme Court Hears Appeals on Permanent Establishment of Formula One World Cham...

Search Results for "Nuisance"

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High Court

High Court of Bombay at Goa Dismisses Appeal Against Construction of Crematorium Near Residential Area — No Violation of Right to Life Under Article 21 Found as Environmental Clearance and Statutory Approvals Were Obtained. The court held that the right to life does not include an absolute right to be free from inconvenience caused by lawful activities, and the balance of convenience favored the public utility.

18 Dec 2019

The appellant, Shri Rama Shanu Naik Dessai, filed an appeal against an order of the trial court refusing to grant an injunction to restrain the constr...

High Court

Bombay High Court Dismisses Writ Petitions Against DRT Order in Debt Recovery Case — Bank Entitled to Recover Debt Under RDB Act. DRT Has Inherent Power to Reject Frivolous Counterclaim Without Recording Evidence, and High Court Should Not Interfere When Alternative Remedy of Appeal Exists.

18 Dec 2019

The case involves two writ petitions arising from proceedings before the Debt Recovery Tribunal (DRT) under the Recovery of Debts Due to Banks and Fin...

High Court

Bombay High Court Quashes Cancellation of Dramatic Performance Licence in Tamasha Case — District Magistrate Exceeded Jurisdiction Under Section 33 of Bombay Police Act, 1951. Licence Cancellation for Alleged Obscenity Set Aside as Magistrate Failed to Apply Mind and Acted on Extraneous Considerations.

22 Oct 2019

The petitioner, Renuka Loknatya Tamasa Mandal, a cultural organization engaged in Tamasha performances, held a licence under Section 33 of the Bombay ...

High Court

Bombay High Court Quashes Ex Parte Order Restraining Husband from Entering His Own Residence in Domestic Violence Case. Order Passed Without Notice Violates Principles of Natural Justice Under Section 23(2) of Protection of Women from Domestic Violence Act, 2005.

18 Oct 2019

The petitioner, Siddharth Sabharwal, filed a criminal writ petition under Article 226 of the Constitution of India before the Bombay High Court challe...

High Court

Bombay High Court Quashes MCGM Demand Notice for Unauthorised Construction Penalty Due to Lack of Jurisdiction. Section 53(1) of MMC Act, 1888 does not empower the Corporation to levy penalty for unauthorised construction after the fact; remedy lies in demolition under Section 351 or regularisation under DCR.

17 Sep 2019

The petitioner, Zenith Tins Private Limited, a company engaged in manufacturing, challenged a demand notice dated 20th January 2015 issued by the Muni...

High Court

Bombay High Court Allows Common Cross-Examination in Eviction Suits to Prevent Prejudice to Tenants. Trial Court's Order Dismissing Application for Common Cross-Examination Set Aside Under Article 227 of Constitution of India.

29 Aug 2019

The petitioners, tenants in four eviction suits filed by the respondent landlord society, sought common cross-examination of the society's sole witnes...

High Court

Bombay High Court Allows Landlords' Revision in Eviction Suit, Remands for Fresh Consideration on Subletting and Bona Fide Need. Court holds that appellate court failed to properly consider evidence of subletting and that the tenant's claim of part performance under Section 53A of Transfer of Property Act, 1882 was not established.

15 Jul 2019

The applicants, original plaintiffs and landlords, filed an eviction suit against the sole defendant-tenant in the Court of Small Causes at Bombay. Th...

High Court

Bombay High Court Allows Revision Against Order Permitting Withdrawal of Suit with Liberty to File Fresh Suit Under Order 23 Rule 1 CPC. Defects in Plaint Including Misjoinder, Non-valuation, and Improper Reliefs Held Not Formal Defects.

23 Dec 2005

The case involves a civil revision application under Section 115 of the Code of Civil Procedure, 1908, filed by Rajaram s/o Jairam Raut (the defendant...

High Court

Bombay High Court Dismisses Writ Petition Challenging Eviction Order Under Public Premises Act — Land Already Acquired Under Land Acquisition Act, 1894. Petitioners' Claim of Possession Since 1954 Fails as Land Vested in Airport Authority After Acquisition in 1947-48.

5 Apr 2005

The petitioners, heirs of Mohan Bhika Rathod, filed a writ petition challenging an eviction order passed by the Estate Officer under the Public Premis...

High Court

Bombay High Court Partially Allows Appeal Against Demolition Notice Under Section 351 of MMC Act, 1888 — Terrace Room Protected But Three Sheds Not Entitled to Injunction. The court held that balance of convenience and prima facie case did not favour protecting the three sheds from demolition.

7 Feb 2005

The appellant, Abhinandan Commercial Centre Pvt. Ltd., filed an appeal against an order of the City Civil Court dated 13th January 2005, which partly ...

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