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WRIT PETITION NO. 10533 OF 2023

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Bombay High Court Dismisses Petition Challenging Demolition Order for Unauthorized Commercial Construction. Court upholds MCGM's action under Section 351 of the Mumbai Municipal Corporation Act, 1888 for building without valid permission and in violation of development plan reservations.

The petitioners, Kamla Industrial Park Ltd and Metallica Industries Ltd, challenged the demolition notice and stop-work notice issued by the Municipal...

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Bombay High Court Quashes Tribunal Order Directing Displaced Officer to Resume Post Without Hearing Petitioner. Transfer Order Upheld as Petitioner Had Already Taken Charge, Violating Principles of Natural Justice.

The Petitioner, Shri Rajendra s/o Maruti Najan, was posted as Tahsildar (Revenue) in Collector Office, Nashik since 23 April 2020. By order dated 12 A...

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Bombay High Court Allows Criminal Application Under Section 482 CrPC and Discharges Accused in Cheating Case. Lease Agreement Dispute Lacks Dishonest Intention Required for Section 420 IPC.

The applicant, Deepak Jaiswal, a director of M/s D.J. Enterprises Ltd., filed a criminal application under Section 482 of the Code of Criminal Procedu...

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Bombay High Court Quashes Criminal Proceedings in Cheating Case Based on Lease Agreement — Civil Dispute Not Attracting Section 420 IPC. The court held that the dispute was purely civil and lacked the essential ingredients of cheating under Section 420 IPC, as there was no initial dishonest intention.

The applicant, Prakash Ramdeo Jaiswal, a director of M/s. Shrihari Rice Mill & Agro Products Pvt. Ltd., filed a criminal application under Section 482...

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High Court Allows Revision Against Rejection of Rescission of Contract Application Under Section 28 of Specific Relief Act, 1963. Decree-holders' failure to deposit balance consideration within extended time justified rescission of sale agreement.

The case involves a civil revision application filed by Bhagwat Harinkhede (original defendant/judgment-debtor) against Amit Zha and Ajay Nashine (ori...

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Bombay High Court Allows Appointment of Sole Arbitrator in Bank Dispute Over Loan Facility Breach. Arbitration Clause in Hypothecation Agreement Invoked Despite Respondent's Objections Regarding Limitation and Non-Arbitrability.

The applicant, Mantras Green Resources Ltd., a company incorporated under the Companies Act, 1956, engaged in environmental conservation, availed a lo...