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Bombay High Court Allows Appeal Against Remand Order in Encroachment Suit — Remand for Remeasurement Without Setting Aside Trial Court's Findings on Evidence Held Impermissible Under Order 41 Rule 23 CPC. First Appellate Court Cannot Order Fresh Measurement to Fill Gaps in Plaintiff's Case.

The appellant, original defendant in a suit for removal of encroachment, challenged the order of the District Judge-3, Yavatmal, dated 05/07/2016 in R...

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Bombay High Court Upholds Removal of Developer in Slum Rehabilitation Project Due to Non-Compliance with Scheme Conditions. Order of CEO SRA Upheld as Developer Found to Have Violated Terms of Agreement and Failed to Complete Project.

The petitioner, a company engaged as a developer for a slum rehabilitation project on a property owned by a cooperative housing society, filed a writ ...

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Bombay High Court Dismisses Writ Petition Challenging SARFAESI Proceedings Against Partnership Firm and Guarantors. SARFAESI Act Section 13(2) Notice Validly Issued Against Principal Borrower and Guarantors, and Section 17 Application Before DRT Is the Appropriate Remedy.

The petitioners, M/s. Otoklin Global Business (a partnership firm) and its partner Mr. Dhaval Dilip Jhaveri, filed a writ petition under Article 226 o...

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Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Upheld. The court held that the appellants failed to prove adverse possession and the suit for partition was within limitation under Article 65 of the Limitation Act, 1963.

The case pertains to a second appeal filed by the defendants against the concurrent decrees of the trial court and the first appellate court in a suit...

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Bombay High Court Dismisses Petition Seeking Suspension of IOCL's Petroleum License Due to Lease Expiry. License Cancellation Not Warranted as Civil Suit for Eviction is Pending and No Immediate Danger to Public Safety Established.

The petitioner, Vijay Harinarayan Choudhary, is the owner of a plot in Nagpur which was leased to respondent No.1, Indian Oil Corporation Limited (IOC...

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Supreme Court Upholds High Court Decision on Public Parking Lot and FSI Computation in Mumbai Building Project. The Court held that construction of public parking lot above plinth level without valid commencement certificate was illegal, and remanded FSI computation issues for fresh consideration.

The case involves a dispute over the construction of a residential building and a public parking lot (PPL) by Shree Ram Urban Infrastructure Ltd. (SRU...

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Bombay High Court Dismisses Writ Petition Challenging CIDCO's Refusal to Grant Lease in Favour of Air India Employees' Cooperative Housing Society. Transfer of Land Allotted to Air India for Staff Quarters Requires Prior Permission of CIDCO Under New Bombay Disposal of Lands Regulations 1975.

The petitioners, a cooperative housing society formed by employees of Air India, sought a writ of mandamus directing CIDCO to grant a lease in their f...