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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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Bombay High Court Allows Defendant to File Written Statement Despite Delay Due to Illness. Liberal Approach Adopted Under Order 8 Rule 1 CPC to Ensure Substantial Justice.

The petitioner, Smt. Asha Hedaoo, was the defendant in Regular Civil Suit No.122 of 2013 pending before the Seventh Joint Civil Judge Junior Division,...

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Bombay High Court Allows Amendment of Written Statement in Ejectment Suit — No Prejudice to Plaintiff as Trial Not Commenced. Amendment Sought to Clarify Defence of Tenancy and Possession Under Order 6 Rule 17 CPC, 1908.

The petitioner, Anilkumar Shrivallabh Sikchi, filed a civil suit against Bharat Petroleum Corporation Limited (respondent no.1) and M/s S.D. Asoriya (...

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Bombay High Court Upholds Decree for Specific Performance of Contract in Property Sale Dispute. Suit for specific performance of agreement to sell house decreed as plaintiff proved readiness and willingness to perform her part of contract.

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, filed by original defendant No. 2, Venunath Sambha More, cha...

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National Consumer Disputes Redressal Commission Orders Refund to Homebuyer in Vatika India Next Project - Consumer Protection Act Applies to Plot Allotment Despite Arbitration Clause - Deficiency in Service Established for Delayed Possession

The National Consumer Disputes Redressal Commission allowed a consumer complaint filed by Complainant( s) against Opp.Party(s) for deficiency in servi...

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Bombay High Court Allows Writ Petition, Sets Aside Dismissal of Conductor Who Fell Unconscious During Duty. Reinstatement with Continuity of Service and 50% Back Wages Granted as Punishment Was Shockingly Disproportionate.

The petitioner, Arjun Shankar Wagh, joined the Maharashtra State Road Transport Corporation (MSRTC) as a Conductor in 1977. On 4 May 1990, while on du...

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Bombay High Court Allows Amendment of Written Statement Despite Trial Commencement — Liberal Approach Under Order 6 Rule 17 CPC. Amendment Sought to Incorporate Alternative Plea of Ownership Based on Adverse Possession Not Barred by Delay or Lack of Due Diligence.

The petitioners, who were defendants in Regular Civil Suit No. 242/2007, filed an application (Exh. 42) for amendment of their written statement. The ...

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Bombay High Court Quashes Detention Order Under COFEPOSA Act Due to Non-Application of Mind and Non-Supply of Relevant Documents. Detenu's Right to Make Effective Representation Under Article 22(5) of Constitution Violated.

The petitioner, brother of the detenu, challenged the detention order dated 2nd April 2009 passed by respondent no.2 under Section 3(1) of the Conserv...

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Supreme Court Reinstates Specific Performance Decree in Land Sale Agreement Dispute. Trial Court's Discretion to Enhance Sale Consideration Upheld as Plaintiff Demonstrated Readiness and Willingness Under Specific Relief Act, 1963.

The dispute arose from an agreement to sell dated 07.08.2005, where the defendants agreed to sell land to the plaintiff for Rs. 8,750 per cent, with a...