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Supreme Court Considers Whether Lift Installation Contracts Are 'Works Contract' or 'Sale of Goods' for Sales Tax Purposes. The Matter Was Referred to a Larger Bench to Resolve Conflict Between Prior Rulings and to Determine the Applicability of the Predominant Intention Test After Recent Judgments.

The matter stems from multiple writ petitions and civil appeals challenging the classification of contracts for manufacture, supply and installation o...

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Bombay High Court Upholds Impleadment of Property Owner in Suit Challenging Demolition Notice Under MRTP Act. Owner is Necessary Party as Tenant's Challenge to Notice Directly Affects Owner's Rights Over Property.

The petitioners, tenants of the ground floor of a property, filed Regular Civil Suit No.418 of 2023 challenging a notice dated 10/03/2023 issued by th...

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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 Allows Appeal Against Refusal of Injunction in Demolition Case — Municipal Corporation's Notice Under Section 354A of MMC Act, 1988 Challenged. Court Held That Trial Court Erred in Not Considering Prima Facie Case and Balance of Convenience, and Directed Status Quo Pending Suit.

The appellant, Sandesh Sonu Gawalkar, filed a civil appeal against an order dated 24 June 2022 passed by the City Civil Court, which refused to grant ...

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Bombay High Court Quashes Acquisition Order Under MHADA Act Due to Non-Compliance and Delay. Land Acquisition Proposal Sanctioned in 2006 Set Aside as Authority Failed to Complete Acquisition Within Reasonable Period, Rendering the Order Unenforceable.

The petitioners, H.I.M.S. Botawala Charities (a public charitable trust) and another, filed a writ petition under Article 226 of the Constitution of I...

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Bombay High Court Allows Landlady's Suit for Possession in Rent Control Case — Limitation Governed by Article 67 of Limitation Act, 1963. Suit Filed Within 12 Years from Termination of Tenancy by Notice is Maintainable.

The case involves a dispute between a landlady (since deceased, represented by heirs) and a tenant (since deceased, represented by heirs) regarding po...

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Bombay High Court at Goa Allows Writ Petition Challenging Demolition Notice for Violation of Natural Justice. Demolition Order Set Aside as Issued Without Show Cause Notice or Hearing, Despite Alleged Unauthorized Construction in Heritage Precinct.

The petitioners, Raul Aires Fernandes and John Aires Fernandes, filed a writ petition challenging a demolition notice dated 30 March 2016 issued by th...