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Bombay High Court Dismisses Petition Challenging Demolition Order for Unauthorized Commercial Construction. Court upholds MCGM's action under Section 351 of the Mumbai Municipal Corporation Act, 1888 for building without valid permission and in violation of development plan reservations.

The petitioners, Kamla Industrial Park Ltd and Metallica Industries Ltd, challenged the demolition notice and stop-work notice issued by the Municipal...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 — Failure to Inform Right to Search Before Magistrate Leads to Acquittal. The court held that non-compliance with Section 50 of the NDPS Act, 1985, vitiates the trial and entitles the accused to acquittal.

The case involves four criminal appeals filed by individuals convicted under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for p...

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Bombay High Court Dismisses Appeal Against Rejection of Trust's Application for Alienation of Immovable Property Under Section 36(1)(a) of Maharashtra Public Trusts Act, 1950. Joint Charity Commissioner's Order Upheld as No Error of Law or Jurisdiction Found.

The case involves a Letters Patent Appeal filed by Megh Realty and Developers Private Limited against the order of the learned Single Judge dismissing...

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Bombay High Court Partly Sets Aside Arbitral Award in Development Agreement Dispute Between Cooperative Housing Society and Developer. Court Upholds Award on Termination of Agreement and Refund of Deposit but Sets Aside Directions for Possession and Appointment of Receiver.

The judgment arises from two arbitration petitions and a notice of motion filed under Section 34 of the Arbitration and Conciliation Act, 1996, challe...

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Bombay High Court Dismisses Review and Writ Petitions in GST Input Tax Credit Refund Case for Duty Free Shops. Sale of duty free goods at airport departure area is not export, hence no refund of ITC under Section 54 of CGST Act, 2017.

The judgment concerns three matters: a criminal application seeking review of dismissal of a PIL, and two writ petitions challenging an adjudication o...

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Bombay High Court Quashes Entertainment Tax Demand Against Charity Show Organizer. Show for Blind Held Exempt Under Section 7 of Bombay Entertainments Duty Act, 1923; Recovery Barred by Limitation.

The judgment concerns two writ petitions challenging a common order/action by the State of Maharashtra to recover entertainment duty from the organize...

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Bombay High Court Quashes COFEPOSA Detention Orders for Non-Application of Mind. Detaining Authority Failed to Consider Relevant Material and Relied on Irrelevant Grounds, Rendering Subjective Satisfaction Invalid.

The Bombay High Court delivered a common judgment in two writ petitions filed under Article 226 of the Constitution of India seeking writs of habeas c...

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Bombay High Court Cancels Bail of Accused in Tiger Poaching Case Under Wild Life (Protection) Act, 1972 — Accused Found to Be Financier and Key Link in Transnational Wildlife Trafficking.

The State of Maharashtra (Forest Department) filed an application under Section 439(2) of the Criminal Procedure Code, 1973 seeking cancellation of ba...