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Supreme Court Upholds Ban on Apartmentalisation in Chandigarh Residential Plots to Preserve City's Original Character. Fragmentation of single dwelling units into multiple apartments violates Rule 16 of Chandigarh Estate Rules, 2007 and the Chandigarh Master Plan 2031.

The case involves a Public Interest Litigation filed by the Chandigarh Citizens Forum (appellants) against the Chandigarh Administration and others, s...

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Bombay High Court Quashes FIR in Family Property Dispute Due to Civil Nature and Malicious Prosecution. The court held that the dispute is purely civil and the FIR was a counterblast, warranting quashing under Section 482 CrPC.

The applicant, Amol Bhaskar Sulakhe, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No.291 of...

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Bombay High Court Allows Petition in Criminal Writ Jurisdiction — Quashes FIR for Non-Disclosure of Cognizable Offence. Court holds that FIR must disclose all ingredients of alleged offence; mere registration of FIR without prima facie case is abuse of process of law.

The petitioner, Neelam Nitin Sampat, filed a writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Crimina...

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Bombay High Court Dismisses Revenue's Appeal in Service Tax Case on Bifurcation of Interest and Service Charges. Tribunal's finding that no service tax liability arises prior to 01.03.2006 due to absence of mechanism for bifurcation of value of service from interest amount upheld.

The appeal was filed by the Commissioner of CGST & Central Excise under Section 35G of the Central Excise Act, 1944, challenging the order of the Cust...

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Bombay High Court Dismisses MSEDCL's Petition Challenging Ombudsman's Order to Restore Consumer's Electricity Supply. The Court upheld the Ombudsman's jurisdiction to entertain billing disputes and direct reconnection without precondition of payment of disputed dues.

The judgment involves two writ petitions arising from the same order of the Electricity Ombudsman dated 17.10.2018. The first petition was filed by th...

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Bombay High Court Allows Accused's Petition in NDPS Act Case — Default Bail Granted Under Section 167(2) CrPC. Right to default bail cannot be defeated by seeking police custody for Section 27 discovery after charge sheet period expires.

The petitioner, Swapnil Gaikwad, was arrested in connection with an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act)....

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Bombay High Court Dismisses Writ Petition Challenging SARFAESI Auction Sale — Alternative Remedy Under Section 17 Held Efficacious. No Interference Under Article 226 in Absence of Fraud or Collusion.

The petitioner, Buniya Devi Chauhan, through her power of attorney holder Dharmendra Shambhunath Chauhan, filed a writ petition under Article 226 of t...