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Bombay High Court Dismisses Appeal Against Injunction in Specific Performance Suit — Balance of Convenience Favors Plaintiff. Trial Court's Order Restraining Defendant from Creating Third Party Interest Upheld as Plaintiff Established Prima Facie Case and Irreparable Loss.

The appellant, Smt. Manisha Kode, challenged an order dated 24.01.2023 passed by the Civil Judge Senior Division, Aurangabad in Special Civil Suit No....

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Bombay High Court Dismisses Petition Challenging Auction Sale Orders in Arbitration Execution Proceedings — No Jurisdictional Error Found in Orders for Proclamation of Sale and Approval of Draft Proclamation Under Order 21 Rule 66 CPC.

The petitioners, Mahesh Rambhau Patil and others, filed a writ petition under Article 227 of the Constitution of India challenging two orders passed b...

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Bombay High Court Dismisses Writ Petition of Co-operative Society Seeking Reservation in MHADA Commercial Complexes. Government Resolution dated 17 August 2002 does not apply to MHADA as it is not a local body or government undertaking under the resolution.

The petitioner, Jay Bhawani Sawamrojgar Seva Sahakari Sanstha Maryadit, a co-operative society of educated unemployed persons registered under the Mah...

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Bombay High Court Dismisses Writ Petition Seeking Reconveyance of Land Transferred for Electricity Sub-Station. Petitioner's claim of coercion and duress after ten years rejected as the transfer was a voluntary commercial transaction under a registered Deed of Transfer.

The petitioner, Goan Real Estate and Construction Pvt. Ltd., filed a writ petition under Article 226 of the Constitution of India seeking a writ of ma...

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Bombay High Court Quashes Cancellation of NA Permission as Arbitrary and Mala Fide. Tahsildar's Order Set Aside for Being Passed at Behest of Third Party Despite Adverse Civil Court Decrees.

The petitioner, a 61-year-old widow, challenged the order dated 04.03.2015 passed by the Tahsildar, Newasa, cancelling the Non-Agricultural (NA) permi...

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Bombay High Court Allows Petition of Nominated Municipal Member Challenging Recovery of Expenses for Appointment as Leader of the House. Appointment Under Section 19-1A of Maharashtra Municipal Corporations Act, 1949 Valid for Nominated Members; Recovery Quashed.

The petitioner, Vijay Agrawal, was a nominated member of the Akola Municipal Corporation in 2002. The then Mayor recommended his name for appointment ...

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Bombay High Court Quashes Government Notice for Non-Compliance with Natural Justice in Maharashtra Municipal Councils Act, 1965 — Notice Issued Without Prior Hearing Violates Section 55A and Principles of Audi Alteram Partem.

The Bombay High Court, in a common judgment, allowed two writ petitions challenging a notice dated January 6, 2017, issued by the Under Secretary to t...

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Bombay High Court Quashes Termination of Contract in Municipal Tender Dispute — Unilateral Termination Without Notice and Opportunity of Hearing Violates Principles of Natural Justice. Contract Termination Set Aside as Arbitrary and Unreasonable Under Article 226 of the Constitution of India.

The petitioner, K.I.P.L. Vistacore Infra Projects J.V., a partnership firm, was awarded a contract by the Ichalkaranjee Municipal Council for a projec...

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Bombay High Court Dismisses Teachers' Association Challenge to Government Circular on Teacher Deployment in Zilla Parishad Schools. Circular dated 6th October 2008 held to be within government's policy-making power and not arbitrary.

The petitioner, Maharashtra Rajya Prathmik Shikshak Samiti, an association of primary teachers, filed a writ petition challenging a Government Circula...