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Bombay High Court Allows Appeal Against Order Rejecting Plaint in Suit for Injunction and Declaration — Dispute Over Common Passage in Residential Building. Court Holds That Disputed Passage Is Not an 'Open Space' Under MOFA Section 1A(e) and That the Suit Is Not Barred by Limitation or Res Judicata.

The appellants, Zenobia R. Poonawala and Rohinton Poonwala, are residents of Flat No.9 in Rutton Manor, a residential building in Colaba, Mumbai. They...

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High Court of Karnataka Enhances Sentence in State Appeal Against Inadequacy of Sentence Under Section 377 CrPC. Court holds that sentence of imprisonment already undergone for offence under Section 304 Part II IPC is inadequate and enhances to 5 years rigorous imprisonment.

The State of Karnataka filed an appeal under Section 377 of the Code of Criminal Procedure, 1973 (CrPC) against the judgment dated 18.02.2010 passed b...

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KAHC010059832012_1

The available text of the judgment only includes the list of parties in W.P.No.27674/2012 and connected cases, filed as a Public Interest Litigation b...

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Bombay High Court Considers Validity of Lease of Manjeetnagar Garden Space to Private Sports Club. Petition Alleges Illegal Diversion of Recreational Open Space Under Development Control Rules and Building Bye-Laws

The writ petition challenged an agreement dated 30.3.1998 between the Aurangabad Municipal Corporation and the Icon National Sports Club, leasing a 26...

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Bombay High Court Quashes Competent Authority Order in MOFA Dispute — Failure to Provide Hearing Violates Natural Justice. Section 5A of MOFA Requires Notice and Opportunity of Hearing Before Directing Conveyance of Land to Society.

The petitioners, Mazda Construction Company, Maredia Enterprises, and Sultanabad CHS Ltd. (Proposed), challenged an order dated 11.04.2012 passed by t...

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High Court of Bombay at Goa Dismisses Appeal by Acquiring Body in Land Acquisition Case — Enhanced Compensation for Paddy Fields and Coconut Garden Upheld. Market Value Determined Based on Comparable Sale Deed of 1990 and Potential for Development Under Land Acquisition Act, 1894.

The case pertains to an appeal filed by the Special Land Acquisition Officer and the Chief Engineer of Konkan Railway Corporation Limited against the ...

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Bombay High Court Dismisses PIL Challenging Hawking Activities on Footpaths in Nariman Point and Churchgate Areas. Court Holds That Hawking Is a Fundamental Right Under Article 19(1)(g) Subject to Reasonable Restrictions, and That Municipal Authorities Have Discretion to Designate Hawking Zones.

The petitioners, a group of residents and welfare associations from Nariman Point and Churchgate areas in Mumbai, filed a Public Interest Litigation (...