Search Results for "technical irregularity"

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Bombay High Court Allows Petition by Society Members Against Unauthorized Construction and Demolition by Developer. Members have locus standi to challenge illegal construction; administrator must act lawfully.

The petitioners, who are members of the Linking Road Housing Society Limited, filed a writ petition challenging the unauthorized construction and demo...

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Bombay High Court Grants Bail to Accused in NDPS Case Due to Non-Compliance with Section 50 and Delay in Trial. Personal Search of Accused Conducted Without Informing Right to Search Before Gazetted Officer or Magistrate, Violating Mandatory Safeguard Under Section 50 of NDPS Act.

The applicant, Arshad Karar Khan, filed a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking regular ba...

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Bombay High Court Dismisses Appeal in Municipal Corporation Dispute — Suit Barred by Limitation. Notice under Section 351 of Mumbai Municipal Corporation Act, 1888 issued in 1994; suit filed in 2001 held time-barred as cause of action arose on notice date.

The appellant, Satish Dalichand Shah, claimed to be a monthly tenant of a shop premises in Mumbai. On 23rd May, 1994, the Municipal Corporation of Gre...

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Bombay High Court Upholds No Confidence Motion Against Sarpanch in Grampanchayat Dispute. Special Meeting Convened by Tahsildar Under Section 35 of Maharashtra Village Panchayats Act, 1958 Held Valid Despite Alleged Procedural Irregularities.

The petitioner, Surekha Eshwar Jadhav, was the Sarpanch of Grampanchayat Bhatapur (PD), Taluka Mukhed, District Nanded. Respondent nos.1 to 6, who wer...

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Bombay High Court Addresses De Novo Trial Requirement Under Section 138 NI Act Upon Transfer of Presiding Judge. The court held that successor judge has discretion to proceed from the stage of transfer but must ensure no prejudice to the accused.

This group of matters involves a common legal question regarding the requirement of a de novo trial in proceedings under Section 138 of the Negotiable...

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Bombay High Court Quashes Cancellation of Essentiality Certificate and Affiliation for Dental College Without Prior Hearing — Violation of Natural Justice. Essentiality Certificate and Affiliation Withdrawn Without Show Cause Notice or Opportunity of Hearing, Held Void.

The petitioner, Aditya Education Trust's Aditya Hospital & Dental College, challenged two orders: (1) the State's order dated 2 September 2013 withdra...

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Bombay High Court Dismisses Developer's Suit for Specific Performance Against Cooperative Housing Society and Members Due to Lack of Privity and Authority. The court held that a cooperative society cannot bind its members to a development agreement without their consent, and the suit was not maintainable.

The plaintiff, Vardhman Developers Ltd., filed a suit for specific performance of a development agreement against Borla Co-operative Housing Society L...