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Gujarat High Court Sets Aside Ex-Parte Decree in Summary Suit Due to Lack of Proper Service of Summons. Remands Matter for Fresh Hearing After Finding Bailiff Report Indicated Summons Returned Unserved.

The present First Appeal was filed by the original defendants challenging the judgment and decree dated 30.7.2004 passed by the learned Chamber Judge,...

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"Landmark Judgment on Property Rights and Public Welfare in Mumbai" "Balancing property ownership with the collective good under India's constitutional framework."

The Supreme Court examined whether Chapter VIII-A of the MHADA Act aligns with the principles of Article 39(b) of the Indian Constitution, which aims ...

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Supreme Court Quashes Bail Order in Murder Case Due to Non-Application of Mind by High Court. Bail granted without considering seriousness of crime, role of accused, and other relevant factors under Code of Criminal Procedure, 1973, violating principles of reasoned judicial orders.

The dispute arose from a criminal appeal challenging the High Court's bail order in a murder case. The appellant, who lost two sons in the incident, f...

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Supreme Court Upholds High Court Ruling That Time Limit Under Section 14 of SARFAESI Act is Directory. The provision requiring District Magistrate to pass possession order within 30 days (extendable to 60 days) is directory, as non-compliance does not invalidate proceedings or prejudice the borrower.

The appeal arose from a judgment of the Kerala High Court which held that the time limit under Section 14 of the Securitisation and Reconstruction of ...

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Supreme Court Allows Appeal of Municipal Corporation in Solid Waste Project Injunction Case — Environmental Claims Lacked Scientific Evidence. Court Restores Trial Court's Dismissal of Suit, Holding That Civil Courts Cannot Restrain Statutory Projects Based on Unsubstantiated Apprehensions.

The Supreme Court allowed the appeal of Ratnagiri Nagar Parishad against the judgment of the Bombay High Court which had affirmed the decree of perman...

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Supreme Court Upholds Section 13-B of East Punjab Urban Rent Restriction Act, 1949 for NRI Landlords in Chandigarh and Punjab. Constitutional validity of provision granting immediate possession to Non-Resident Indians upheld as reasonable classification under Article 14.

The appeals were filed by tenants challenging the constitutional validity of Section 13-B of the East Punjab Urban Rent Restriction Act, 1949, which g...

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Bombay High Court Directs BMC to Provide Alternate Premises to Disabled Petitioner After Illegal Demolition of Stall. License Under Section 394 of MMC Act, 1888 Does Not Authorize Structure on Public Land, but Demolition Without Notice Violates Natural Justice.

The petitioner, Mohd. Sayed Mohd. Salim Nagori Rizvi, a person with 100% hearing disability, filed a writ petition seeking reconstruction of his stall...

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Bombay High Court Quashes GCZMA Demolition Order for Lack of Quorum and Violation of Natural Justice. Petitioner's 18 rooms saved as sub-committee meeting with only 4 members violated requirement of 5 members for cases directed by High Court.

The petitioner, Shri Sylvestre D'Souza, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 15/02...

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Bombay High Court Dismisses Appeal by Mortgagee Bank in Admiralty Suit Regarding Priority of Claims Over Vessel Sale Proceeds. Court Has Power to Fix Time Limit for Filing Claims Against Sale Proceeds to Ensure Finality and Expeditious Distribution.

The appellant, Sparebanken Sogn Og Fjordane, a Norwegian bank, filed an admiralty suit against the vessel M.V. Bos Angler and its owners seeking enfor...