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Bombay High Court Dismisses Petition Seeking Fair Investigation in Bank Fraud Case — No Direction to Transfer Investigation to CBI or ACB as Petitioner Not an Aggrieved Party Under Section 154 CrPC. Third-party social worker lacks locus standi to seek transfer of investigation after charge-sheet filed.

The petitioner, Sadashiv Ambadas Gaike, a social worker, filed a Criminal Writ Petition under Article 226 of the Constitution of India seeking a direc...

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Bombay High Court Dismisses Review and Writ Petitions in GST Input Tax Credit Refund Case for Duty Free Shops. Sale of duty free goods at airport departure area is not export, hence no refund of ITC under Section 54 of CGST Act, 2017.

The judgment concerns three matters: a criminal application seeking review of dismissal of a PIL, and two writ petitions challenging an adjudication o...

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Bombay High Court Allows Appeals Against Demolition by Municipal Corporation in Land Dispute Over Survey No.123, Hissa 1A. Appellants' Right to Reconstruction Upheld After Wrongful Demolition During Subsistence of Interim Order.

The case involves two appeals filed by Chotelal Ramkaran Yadav and Jaggu Chauthi Yadav against the Municipal Corporation for Greater Mumbai. The appel...

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Bombay High Court Allows Appointment of Arbitrator in Contract Dispute Between Contractor and Indian Airlines. Failure of Named Arbitrator to Act Entitles Applicant to Court-Appointed Arbitrator Under Section 11(6) of the Arbitration and Conciliation Act, 1996.

The applicant, Vijay Hiralal Jaiswal, a sole proprietor of M/s. Three Circles, submitted a tender for construction works at Indian Airlines' NEC Sahar...

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Bombay High Court Dismisses PIL Seeking to Restrain Ministers from Exercising President's Constitutional Powers. Court holds that the President exercises executive powers on the aid and advice of the Council of Ministers under Article 74 of the Constitution of India.

The petitioner, P.B. Samant, claiming to be an active social worker, filed a public interest litigation in the Bombay High Court seeking a writ of pro...

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Bombay High Court at Goa Dismisses Writ Petition Challenging Construction Approval Due to Lack of Standing and Delay. Petitioners failed to establish locus standi as they were not owners of the suit property and approached the court after substantial delay.

The case involves a writ petition filed by legal heirs of the original petitioner, Mr. Limo Cortez, challenging the construction approval granted by t...

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Bombay High Court Dismisses Petition Challenging Construction Approval Due to Lack of Standing and Delay. Petitioners failed to establish locus standi as they were not owners of the property and approached the court after substantial delay.

The petitioners, legal heirs of the original petitioner Limo Cortez, filed a writ petition under Article 226 of the Constitution of India challenging ...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiff Failed to Prove Title and Possession.

This is a second appeal arising from a civil suit for declaration of ownership and permanent injunction. The appellant, Parubai Savliram Kshatriya (si...

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Bombay High Court Allows Appeal in Suit for Specific Performance of Agreement to Sell — Plaintiff Fails to Prove Readiness and Willingness. Agreement to Sell Dated 2004 Not Enforceable as Plaintiff Did Not Show Financial Capacity or Deposit Balance Consideration.

The case involves a First Appeal filed by the original defendants against the decree of specific performance of an agreement to sell dated 15.04.2004....