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Supreme Court Orders Central Empowered Committee to Identify Mining Leases Operating in Violation of Environmental and Forest Laws in Odisha. Court Finds Prima Facie Case of Illegal Mining and Directs Preparation of List of Defaulting Lessees for Interim Relief Under Article 32.

The writ petitions under Article 32 of the Constitution were filed by Common Cause and Prafulla Samantra, alleging rampant illegal mining in the Keonj...

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High Court of Judicature at Bombay Discharges Rule in Developer's Writ Petition as Infructuous After Subsequent Registration of Cooperative Society. Companion Petition by Flat Purchasers Challenging Declaration under Apartment Ownership Act Left Unresolved in Incomplete Text.

This judgment pertains to two companion writ petitions before the High Court of Judicature at Bombay. Writ Petition No. 571 of 1995 was filed by the o...

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WRIT PETITION NOs. 4198 2005, 564 2009, 804 2002,

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Bombay High Court Dismisses Petition by Society Members Challenging Arbitral Award for Lack of Locus Standi. Non-signatories to arbitration agreement cannot challenge award under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioners, who are members of Apsara Co-operative Housing Society Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Ac...

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Bombay High Court Extends Time for Payment Under Section 148 CPC Despite Plaintiff's Objection in Consent Decree Default Case. Court holds that Section 148 CPC empowers the court to extend time for payment in a consent decree for reasonable cause, even without the consent of the decree-holder.

The case arises from a Notice of Motion filed by the Defendants (Applicants) to set aside an ex parte decree dated 19 December 2012 in Summary Suit No...

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Supreme Court Allows Appeals in Specific Performance Case — Agreement to Sell Void Under Section 61 of Karnataka Land Reforms Act, 1961. Agreement executed during non-alienation period is void ab initio and not enforceable even after the restriction period ends.

The Supreme Court allowed the appeals filed by the defendants (appellants) against the judgment of the Karnataka High Court which had upheld the decre...

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Bombay High Court Dismisses Appeal and Writ Petition in Cooperative Housing Dispute — Upholds Society's Title Over Suit Property. Appellant's Claim for Declaration of Title Fails as Suit Was Barred by Limitation and Society's Title Was Established Through Prior Proceedings.

The appellant, Bhuwaneshwar Rajkishore Tripathi, filed First Appeal No.1454 of 2003 against the judgment and order dated 15-07-2002 passed by the City...

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Bombay High Court Examines Constitutional Validity of Food Safety and Standards Act, 2006 Upon Challenge by Trade Associations. Court Holds That Constitutional Challenge Cannot Be Abstract and Requires Factual Foundation of Adverse Action, But Proceeds to Hear Merits for Recurring Issues.

The Bombay High Court heard a batch of three writ petitions filed by trade associations—the Association of the Traders carrying the Food Business, M...

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Bombay High Court Dismisses Writ Petition by Cooperative Bank's Recovery Officer Against Auction Sale of Property. Sale by cooperative bank under MCS Act is not a sale under Transfer of Property Act, and recovery officer is not a court or tribunal under Limitation Act.

The petitioner, the Special Recovery Officer/Sales Officer of Dr. Annasaheb Chougule Urban Cooperative Bank Ltd., filed a writ petition under Article ...