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COMMERCIAL APPEAL NO. 371 OF 2019

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Bombay High Court Dismisses Appeal Against Refusal of Temporary Injunction in Property Dispute — Plaintiffs Failed to Establish Prima Facie Case and Balance of Convenience. Court held that disputed questions of title and possession cannot be decided in injunction proceedings without proper evidence.

The present appeals arise from a property dispute between M/s Girdhar Creations and others (original plaintiffs) and Baban Baburao Rathare and others ...

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Bombay High Court Dismisses Writ Petition Challenging Forfeiture of Licence Agreement by MMRDA for Non-Payment of Dues. Contractual Obligations Not Fulfilled by Petitioners, Alternative Remedy Available.

The Bombay High Court dismissed a writ petition filed by Bombay Goods Transport Association and others challenging an order dated 17th August 2012 by ...

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Bombay High Court Dismisses Petitioners' Challenge to Arbitration Award in Property Dispute — No Ground for Interference Under Article 227. Court upholds concurrent findings of fact by arbitrator and appellate tribunal regarding validity of agreements and possession.

The judgment arises from three writ petitions filed under Article 227 of the Constitution of India challenging an arbitral award and the appellate ord...

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Bombay High Court Dismisses Petition Challenging Rejection of Increase in BHMS Admission Capacity. AYUSH Ministry's decision to reject increase from 50 to 100 seats upheld as per Section 21A of the Homeopathy Central Council Act, 1973.

The petitioners, Disha Shikshan Vikas Kendra and E.B. Gadkari Homeopathy Medical College and Hospital, filed a writ petition under Article 226 of the ...

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Bombay High Court Dismisses Appeal by Municipal Corporation in Demolition Notice Case. Court holds that demolition notices under Section 351 of the Mumbai Municipal Corporation Act, 1888 require prior show-cause notice and opportunity of hearing, upholding trial court's order setting aside notices.

The Municipal Corporation of Greater Mumbai (appellant) filed an appeal against an order of the City Civil Court, Mumbai, which set aside demolition n...

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Bombay High Court Dismisses Writ Petition Challenging Sales Tax Assessment Orders Due to Availability of Alternative Remedy. Petitioners Failed to Show Exceptional Circumstances to Bypass Statutory Remedy of Reference Under Section 61(1) of Bombay Sales Tax Act, 1959.

The petitioners, Tata Sons Limited and another, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court chal...

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Bombay High Court Allows Petitions Challenging Unilateral Modification of Development Control Regulations by State. Held that DCRs are statutory and cannot be altered without following due process under the Maharashtra Regional and Town Planning Act, 1966.

The judgment concerns two writ petitions filed by D B Realty Limited and Salim Balwa (WP No.366 of 2014) and Savita Homemakers LLP and Akkshay Jain (W...