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Bombay High Court Holds Civil Court Cannot Regularise Encroachment on Forest Land in Contravention of Forest (Conservation) Act, 1980 — Government Resolution of 1979 Cannot Override Section 2 of the Act.

This is a reference made by the Joint Civil Judge, Junior Division, Kannad under Section 113 of the Code of Civil Procedure, 1908, seeking answers to ...

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Supreme Court Allows Summary Judgment in Recovery Suit Against DDA for Refund of Sale Consideration After Land Acquisition Lapses. The Court held that DDA cannot retain the money after failing to convey title due to lapsing of acquisition, and the suit was within limitation.

The Supreme Court allowed the appeal against the Delhi High Court's order dismissing the appellant's application for summary judgment under Order XIII...

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Deemed Conveyance under MOFA Cannot Be Set Aside Merely on Technical Objections When Developer Fails to Execute Conveyance – Bombay High Court

The dispute arose when a cooperative housing society sought deemed conveyance of the land and building from the developer who had failed to execute th...

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Bombay High Court Dismisses Writ Petition Challenging MPCB Closure Order for Violation of Environmental Norms. Petitioner's failure to obtain valid consent to operate under Water and Air Acts justifies closure for operating without environmental clearance.

The petitioner, Green Gene Enviro Protection and Infrastructure Limited, filed a writ petition under Article 226 of the Constitution of India before t...

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Supreme Court Allows Appointment of Arbitrator in Government Contract Dispute Despite Non-Exhaustion of Pre-Arbitration Procedure. Party Autonomy and Minimal Judicial Intervention Upheld Under Section 11 of the Arbitration and Conciliation Act, 1996.

The appellant, Hindustan Construction Company Ltd., was awarded a contract by the respondent, Bihar Rajya Pul Nirman Nigam Ltd. (BRPNNL), on 04.03.201...

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Bombay High Court Allows Petition Challenging SEIAA's Deferral of Environmental Clearance Based on NGT Judgment. SEIAA Must Independently Apply Mind to Each Proposal and Cannot Mechanically Defer Decisions Due to NGT's Order on Recreational Ground.

The Petitioner No.1, NAREDCO West Foundation, is the Maharashtra chapter of the National Real Estate Development Council, representing over 400 real e...

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Supreme Court Quashes Bail Orders in Five-Murder Case Due to Improper Application of Parity Principle and Insufficient Consideration of Gravity. High Court Erred in Granting Bail Under Section 439 CrPC Without Assessing Individual Roles and Evidence in Land Dispute Homicide.

The Supreme Court of India dealt with a batch of five criminal appeals arising from bail orders granted by the High Court of Gujarat under Section 439...

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Supreme Court Upholds NGT Order Quashing Environmental Clearance for Peripheral Ring Road Due to Stale EIA Data. Primary Data Collected Over Three Years Before Submission Invalidates Clearance Under EIA Notification 2006.

The appeal arose from a judgment of the National Green Tribunal (NGT) dated 8 February 2019 quashing the Environmental Clearance (EC) granted to the B...

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Supreme Court Acquits Accused in Rape Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction Based Solely on Prosecutrix's Testimony Unsustainable Where Medical and FSL Reports Do Not Support Prosecution Case.

The Supreme Court allowed the appeal of Santosh Prasad @ Santosh Kumar against the State of Bihar, setting aside his conviction under Sections 376(1) ...