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Bombay High Court Quashes Delegation of Powers by Municipal Corporation to Standing Committee and Commissioner — Ultra Vires the Maharashtra Municipal Corporations Act, 1949. General Body Cannot Delegate Its Statutory Powers to Subordinate Bodies Without Express Authority.

The petitioner, Yogesh Mangalsen Bahal, challenged a resolution passed by the General Body of the Pimpri Chinchwad Municipal Corporation on 20 June 20...

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Bombay High Court Allows Appeal in Bombay Public Trust Act Suit for Declaration and Possession, Dismisses Suit as Property Not Trust Property. Earlier Suit for Injunction Dismissed for Lack of Jurisdiction Did Not Bar Subsequent Suit Under Order 2 Rule 2 CPC, and Suit Was Within Limitation.

The dispute pertained to a claim by Seth Kasturmal Dalsukh Dharmashala, a registered public trust, that certain property at Dondaicha, District Dhule,...

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Supreme Court Acquits Trustee Under Bombay Public Trusts Act Due to Lack of Power to Call for Information. Request for Information About Constructions Not a 'Report' or 'Statement' Under Section 37(1)(c), Hence No Offence Under Section 67.

This appeal by the State of Gujarat arose from an acquittal by the High Court in a criminal prosecution of a trustee under the Bombay Public Trusts Ac...

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Bombay High Court Restores Removal of Up-Sarpanch and Panchayat Member for Illegal Attempt to Transfer Sarpanch's Statutory Powers | Section 39 Maharashtra Village Panchayats Act

The petitioner, elected Sarpanch of Hiware Village Panchayat, sought removal of Respondent Nos. 5 (Up-Sarpanch) and 6 (Member) under Section 39(1) of ...

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Bombay High Court Quashes Tender Award in Municipal Contract Case for Violation of Tender Conditions and Lack of Transparency. The Court held that the Corporation's decision to award the contract to a technically disqualified bidder was arbitrary and unsustainable.

The case involves a writ petition filed by Kirloskar Brothers Limited (Maharashtra Electro-mech Joint Venture) challenging the tender process conducte...

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High Court of Karnataka Allows Writ Petition in Final Decree Proceedings — Mesne Profits Must Be Determined Before Auction Sale. Held that mesne profits under Section 2(12) CPC are a substantive right that cannot be deferred until after the sale of property in final decree proceedings.

The petitioner, Sri S.P. Suresh, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging two orders passed by the XV...

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Bombay High Court Allows Appeal Against Removal of Trustees Under Maharashtra Public Trusts Act — Proceedings Against Deceased Persons Renders Order Illegal. The court held that continuing proceedings against dead persons violates natural justice and the order is per se illegal.

The present appeal was filed by Dr. Avinash Dekate and Venimadhav Akolkar challenging the order dated 15/12/2018 passed by the Joint Charity Commissio...

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Bombay High Court Upholds Withholding of Pension for Misconduct in Municipal Corporation Cases. Pensionary benefits can be withheld under Pension Rules for misconduct committed during service, even after retirement, if proceedings are initiated within a reasonable time.

The judgment concerns two writ petitions filed by former employees of the Municipal Corporation of Greater Bombay (now Mumbai) challenging the Commiss...