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Bombay High Court Allows Auction Purchasers' Petition in SARFAESI Act Case Due to Overriding Effect of Section 26E Over MVAT Act. Property Purchased in SARFAESI Auction Held Free from Prior Sales Tax Attachment Under Section 38C of MVAT Act.

The petitioners, Shailesh K. Bothra and Mukesh C. Karwa, were auction purchasers of a property sold by Cholamandalam Investment & Finance Co. Ltd. (pe...

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Bombay High Court Dismisses Review Petitions in Industrial Dispute Over Bonus Payment — No Error Apparent on Record. Review jurisdiction under Order 47 Rule 1 CPC is limited to errors apparent on face of record; re-argument on merits not permitted.

The judgment concerns a batch of review petitions filed against a common judgment dated 18th December 2013 passed by the Bombay High Court in several ...

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Bombay High Court Upholds Slum Land Acquisition Despite Interim Stay on Declaration — Acquisition Under Section 14 of Maharashtra Slum Areas Act Valid as Stay Did Not Cover Acquisition Proceedings

The petitioners, Murlidhar Teckchand Gandhi and others, owned property bearing CTS No. 165, 165/1 to 51 at Village Kanjur, Mumbai. The property was de...

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Bombay High Court at Goa Upholds Environmental Clearance for Resort Construction in CRZ Area Subject to Conditions — Public Trust Doctrine and Precautionary Principle Applied to Protect Coastal Ecology and Local Livelihoods.

The judgment arises from a Public Interest Litigation and connected writ petitions challenging the environmental clearance granted to M/s. Leading Hot...

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Bombay High Court Delivers Judgment in PIL Concerning Private Nursing Schools. Court Emphasizes Training Requirement for Nurses and State's Constitutional Duty.

The case involved a Public Interest Litigation (PIL) filed by the Private Nursing Schools and Colleges Management Association, a registered society of...

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Bombay High Court Allows Public Interest Litigation to Protect Land for Government Sports Complex at Navi Mumbai. CIDCO's commercial allotment of land earmarked for sports complex quashed; State Government's decision to shift complex to remote location set aside.

The Bombay High Court was hearing a Public Interest Litigation filed by the Indian Institute of Architects, Navi Mumbai Center, challenging the action...

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Supreme Court Allows Appeals Against High Court Orders Interdicting Statutory Deemed Termination Under Section 5B of Mumbai Municipal Corporation Act. High Court Cannot Suspend Legal Fiction of Retrospective Termination for Failure to Submit Caste Validity Certificate Within Prescribed Period.

The Supreme Court considered two appeals arising from a common judgment of the Bombay High Court dated 02.04.2019, which had allowed writ petitions fi...