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Supreme Court Dismisses Appeal Seeking Exclusive Voting Rights for Scheduled Tribes in Scheduled Areas. Representation of the People Act and Delimitation Act Apply to Scheduled Areas Without Specific Notification Under Fifth Schedule.

The appellant, a society registered under the Societies Registration Act, 1860, filed a writ petition in the High Court of Orissa challenging the appl...

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Supreme Court Allows Appeal in Family Settlement Dispute — Upholds Validity of Pre-Emptive Right Clause. Clause requiring written concurrence of all co-sharers before sale to third party is valid and binding; High Court erred in holding it vague and void.

The dispute arose from a family settlement dated 31.03.1982 among three brothers, including the appellant Tilak Raj Bakshi (plaintiff), the first defe...

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Bombay High Court Quashes Agreement for Sale of Open Amenity Space by Municipal Corporation to Private Developer. Municipal Corporation Cannot Alienate Public Amenity Space Reserved Under Development Plan Without Following Statutory Procedure Under Maharashtra Regional and Town Planning Act, 1966.

The petitioner, Prashant Bhagwantrao Palande, a resident of Mira Road, filed a writ petition under Article 226 of the Constitution of India challengin...

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Bombay High Court Dismisses Petition by Union of India Challenging CAT Order Quashing Recovery of Damage Rent Without Show Cause Notice. Recovery of Damage Rent from Employee's Salary Without Prior Hearing Violates Principles of Natural Justice, Even if Facts of Unauthorised Occupation Are Undisputed.

The Union of India and another (petitioners) challenged the judgment and order dated 10.11.2005 of the Central Administrative Tribunal (CAT), Mumbai, ...

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Bombay High Court Allows Writ Petition Challenging MHADA's Refusal to Register Proposed Cooperative Housing Society Under Section 22 of MHADA Act, 1976 — Held That a Proposed Society Is Entitled to Seek Registration and the Authority Cannot Refuse on Grounds of Non-Completion of Construction.

The petitioners, Bhartiya Vidya Bhavan (Bavla Compound) Co-op. Housing Society (proposed) and its promoters, along with Darshan Developers, filed a wr...

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Bombay High Court Allows Writ Petition Challenging Tender Cancellation in PMGSY Contract — Violation of Natural Justice and Arbitrary Action. Tender Cancellation Without Show Cause Notice and Without Considering Lowest Bidder's Rights Held Illegal Under Article 14 and 226 of Constitution.

The petitioner, M/s. Mundhe Contractors, a partnership firm, filed a writ petition under Article 226 of the Constitution of India challenging the canc...