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Bombay High Court Allows Appeal Against Rejection of Plaint Under Order VII Rule 11(a) CPC — Cause of Action Disclosed. Plaint Cannot Be Rejected Merely Because Judge Thinks Plaintiff May Not Succeed; Defence Not Material at This Stage.

The appeal arises from a judgment of a learned Single Judge of the Bombay High Court rejecting the plaint under Order VII Rule 11(a) of the Code of Ci...

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Bombay High Court Allows Appeal Against Order Rejecting Plaint in Suit for Injunction and Declaration — Dispute Over Common Passage in Residential Building. Court Holds That Disputed Passage Is Not an 'Open Space' Under MOFA Section 1A(e) and That the Suit Is Not Barred by Limitation or Res Judicata.

The appellants, Zenobia R. Poonawala and Rohinton Poonwala, are residents of Flat No.9 in Rutton Manor, a residential building in Colaba, Mumbai. They...

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Bombay High Court Allows Writ Petition and Sets Aside Tenancy Authority's Orders in Agricultural Tenancy Dispute. Authorities' Approach of First Examining Plaintiffs' Possession Rather Than Defendant's Burden of Proof Held Perverse.

The dispute arose from an agricultural land bearing Survey No. 93/3 (Gut No. 262) at village Vangal, Satara, classified as Personal Inam Class II land...

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Karnataka High Court Examines Interpretation of Provisos to Section 10A(2)(b) of MMDR Act in Writ Petitions. Prospecting Licence Holders Seek Mandamus for Execution of Mining Leases Pending Environmental Clearance.

The High Court of Karnataka heard a group of four writ petitions filed under Article 226 of the Constitution by companies engaged in mining, seeking v...

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Bombay High Court Dismisses Writ Petition Challenging TAC Report on Building's Structural Stability — Expert Technical Opinion Not Amenable to Judicial Review on Merits. Writ Court Cannot Substitute Its Own View on Technical Matters; TAC Guidelines from MCGM v State of Maharashtra Followed.

The petitioners, six tenants of a chawl in Bhiwandi, filed a writ petition under Article 226 of the Constitution of India challenging the report of th...