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Bombay High Court Allows Developer's Claim for 50% Concession on Premium Under Covid-19 Rebate Scheme — Government Resolution dated 14.01.2021 Held Applicable to Projects with Pending Premium Payments Despite Prior Commencement Certificates

The petitioner, Macrotech Developers Limited, a developer, filed a writ petition seeking a declaration that it is entitled to a 50% concession on the ...

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Bombay High Court at Goa Dismisses Writ Petition Against Restaurant Construction Due to Alternative Remedy Under Section 127 of Maharashtra Land Revenue Code, 1966. Petitioner failed to exhaust statutory remedy before approaching High Court under Article 226 of Constitution of India.

The petitioner, Mr. Rosario Valadares, filed a writ petition before the Bombay High Court at Goa challenging the construction of a restaurant by the r...

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Bombay High Court Allows Petition Challenging Vesting of Land as Private Forest Under Maharashtra Private Forest (Acquisition) Act, 1975. Defective Notice Under Section 35(3) and Notification Under Section 35(1) Render Vesting Invalid.

The petitioner, Rajmachi Rural Aid and Development Programme, a trust registered under the Bombay Public Trust Act, 1950, filed a writ petition challe...

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Bombay High Court Allows Appointment of Sole Arbitrator in Joint Venture Dispute — Arbitration Clause Survives Termination of Agreement. Section 11 of the Arbitration and Conciliation Act, 1996 invoked for disputes arising from Joint Venture Agreement dated 28th March, 2007.

The applicant, M/s. Atul & Arkade Realty, a partnership firm engaged in real estate development, filed an application under Section 11 of the Arbitrat...

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Bombay High Court Allows Refund of Stamp Duty Paid on Agreement for Sale That Did Not Materialize Due to Market Downturn. Petitioner entitled to refund under Sections 47 and 48 of Maharashtra Stamp Act, 1958 as instrument was not followed by conveyance and no fraud or misrepresentation was involved.

The Petitioner, M/s Shweta Infrastructure and Housing (I) Pvt. Ltd., entered into an agreement for sale on 29 September 2014 with the Khatib family fo...

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Bombay High Court Dismisses Petitions Challenging RBI's Moratorium and Liquidation of CKP Co-operative Bank Ltd. — Petitioners' Deposits Not Covered by Deposit Insurance as Bank Was Under Moratorium Prior to Insurance Scheme Introduction.

The judgment pertains to a batch of writ petitions filed by depositors of the CKP Co-operative Bank Ltd., which was placed under moratorium by the Res...

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Bombay High Court Allows MCGM to Construct Public Toilet on Reserved Plot, Sets Aside Injunction. Trial Court's Interim Order Restraining Construction of Public Toilet on CTS No. 418 Was Passed Without Considering Statutory Reservation Under MRTP Act and DCR 33.

The case involves an appeal by the Municipal Corporation of Greater Mumbai (Defendant No. 1) against an interim injunction granted by the City Civil C...

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Bombay High Court Quashes State Board's Rejection of GNM Course Proposal Based on Indian Nursing Council's Ultra Vires Notifications. Notifications Phasing Out GNM Course Held Without Statutory Authority Under Indian Nursing Council Act, 1947.

The petitioner, Dr. Keshav Baliram Hedgewar Paryayi Shiksha Mandal, a trust running educational institutions, proposed to start a General Nursing and ...

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Bombay High Court Allows Import of Peas Under Restricted Category Based on Pre-Notification Contracts. Petitioners' goods cleared as contracts entered prior to amendment notification dated 29.03.2019 under Section 3 of Foreign Trade (Development and Regulation) Act, 1992.

The petitioners, M/s. Harihar Collections and M/s. Raj Grow Impex LLP, are engaged in the import and export of agricultural commodities. They imported...

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Bombay High Court Dismisses Petition Challenging Substitution of Assignee in Pending DRT Proceedings Under SARFAESI Act. Assignment of debt under Section 5 of SARFAESI Act entitles assignee to continue pending recovery proceedings without fresh filing, and amendment of cause title is permissible.

The petitioner, Alpha and Omega Diagnostics India Ltd., challenged a common order of the Debt Recovery Appellate Tribunal (DRAT) which upheld the orde...