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Bombay High Court Dismisses Writ Petition Challenging Rejection of Plaint in SARFAESI Act Dispute — Civil Suit Barred Under Section 34 of SARFAESI Act, 2002. Shareholder's Allegations of Fraud Do Not Override Statutory Bar When Secured Assets Are Involved.

The petitioner, Shashikant Gangar, a shareholder and director of Libox Chem (India) Private Limited (respondent no. 2), filed a writ petition challeng...

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Bombay High Court at Goa Quashes Captain of Ports' Order Changing Zone of Operation for Parasailing Boats — Violation of Natural Justice and Water Sports Policy. Court holds that change of zone without hearing and without valid reasons is arbitrary and contrary to the Water Sports Policy 2020.

The petitioners, owners of parasailing boats, challenged communications dated 19.01.2024 issued by the Captain of Ports (COP) directing them to shift ...

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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 Interim Application Seeking Ratification of Sale Under Section 536(2) of Companies Act, 1956 — Court Ratifies Sale of Property by Company in Liquidation to Bona Fide Purchaser for Value Without Notice of Winding Up Petition.

The Bombay High Court allowed an interim application filed by the applicant seeking a declaration that the sale agreement dated 5th September 2007 was...

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Bombay High Court Allows Petition for Temporary Authorisation and NOC for Vehicles with Cancelled Fitness Certificates. Authorities Directed to Accept Tax Dues and Issue No Objection Certificate Under Section 48 of Motor Vehicles Act, 1988.

The petitioner, Geekom Logistech Pvt. Ltd., a company registered under the Companies Act, 1956, engaged in transport business, owned a fleet of vehicl...

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Bombay High Court Dismisses Suit for Specific Performance with Exemplary Costs for Suppression of Facts and Forum Shopping. Plaintiffs failed to disclose prior pending suit and obtained ex parte orders by misrepresentation, leading to dismissal and costs of Rs. 5 lakhs.

The plaintiffs, Anand Agarwal and Pramila Anand Agarwal, filed a Commercial Suit No. 614 of 2017 before the Bombay High Court seeking specific perform...

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Bombay High Court Quashes FIR and Chargesheet in Environment Protection Act Case Due to Lack of Sanction and Cognizance Error. The court held that the Magistrate failed to apply mind and sanction was not validly obtained, rendering the proceedings an abuse of process.

The applicants filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No.3 of 2012 registered ...

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High Court of Bombay at Goa Dismisses Appeal by Goa University Against Injunction in Easement Dispute. Right of Way Claim Upheld Based on Long User and Necessity Under Indian Easements Act, 1882.

The case involves an appeal by Goa University (original defendants) against an order dated 24.06.2016 passed by the District Judge-1, North Goa, Panaj...

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Bombay High Court Allows Builders' Challenge to NMC's Refusal to Sanction Building Plans Based on Deemed Sanction Under Section 45(4) of MRTP Act. Court holds that failure to communicate objections within prescribed period results in deemed sanction, and subsequent refusal is invalid.

The judgment concerns two writ petitions filed by M/s. Gowardhan Infrastructure Pvt. Ltd. and M/s. Vedbhoomi Builders & Developers Pvt. Ltd. against t...