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Bombay High Court Quashes Agreement for Sale of Open Amenity Space by Municipal Corporation to Private Developer. Municipal Corporation Cannot Alienate Public Amenity Space Reserved Under Development Plan Without Following Statutory Procedure Under Maharashtra Regional and Town Planning Act, 1966.

The petitioner, Prashant Bhagwantrao Palande, a resident of Mira Road, filed a writ petition under Article 226 of the Constitution of India challengin...

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Karnataka High Court Allows Appeal Under Section 454 Cr.P.C. for Return of Seized Property to Acquitted Accused. Court holds that acquitted persons are entitled to return of seized property unless required for any other proceedings.

The present appeal was filed under Section 454(1) of the Code of Criminal Procedure, 1973, challenging the order dated 21.01.2010 passed by the Fast T...

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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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Bombay High Court Directs Time-Bound Disposal of Section 14 SARFAESI Application by Chief Metropolitan Magistrate. Secured Creditor's Right to Expeditious Possession of Secured Assets Upheld Under Section 14 of SARFAESI Act, 2002.

The petitioner, Capital First Ltd., a secured creditor under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Int...

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Supreme Court Upholds Return of Plaint in Commercial Dispute Case — Immovable Property Not Used Exclusively in Trade or Commerce. Agreement to Sell and Mortgage Deed Registration Dispute Falls Outside Commercial Courts Act, 2015 as Land Was Not Pled to Be Used for Trade or Commerce.

The appellant, Ambalal Sarabhai Enterprises Ltd., filed a Commercial Civil Suit No. 41/2018 before the Commercial Court at Vadodara seeking enforcemen...

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Bombay High Court Full Bench Holds Trial Court Can Frame Preliminary Issue Under Section 9-A CPC Disposing of Suit in Part. The Court interprets Section 9-A of the Code of Civil Procedure, 1908 (Maharashtra Amendment) to allow partial disposal of suit or cause of action on preliminary issue of jurisdiction.

The Full Bench of the Bombay High Court was constituted to answer a reference on whether a trial court, under Section 9-A of the Code of Civil Procedu...

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Supreme Court Quashes High Court's Stay on Discharge Order — Upholds Liberty of Accused. Apex Court Reaffirms Higher Pedestal of Discharged Accused — Lays Down Strict Parameters for Stay on Discharge Orders

Supreme Court quashed the High Court’s stay and surrender order — Held that stay on discharge orders should only be granted in rare and exceptiona...

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High Court of Bombay Hears Challenge to Qualification of Bidder in Solid Waste Management Tender. Petitioner Alleges Non-Compliance with Tender Conditions Regarding Technical Experience and Financial Capacity Based on Prior Court Decisions.

The writ petition is directed against the decision of the Nanded Waghala City Municipal Corporation qualifying the bid of respondent No.3 in a tender ...