Search Results for "property preservation"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "property preservation"

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High Court

Bombay High Court Dismisses PIL Challenging Additional FSI Approval as Abuse of Process. Court finds lack of bonafides and imposes costs of Rs. 5,00,000 for misuse of public interest litigation jurisdiction.

27 Sep 2022

The Bombay High Court dismissed a Public Interest Litigation (PIL) filed by Sarthi Seva Sangh and another petitioner, challenging the approval of an a...

Supreme Court

Supreme Court Dismisses Appeals in Property Dispute Execution Case, Upholding High Court's Order Against Frivolous Litigation. The court affirmed the dismissal of writ petitions and appeals, highlighting abuse of procedural provisions under Order XXI Rule 97 of the Code of Civil Procedure, 1908, to delay execution of a decree for possession.

22 Apr 2021

The appeals arose from a common judgment of the Karnataka High Court dated 16th January 2020, which dismissed several writ petitions. The litigation c...

High Court

Bombay High Court Allows Auction Purchasers' Petition in SARFAESI Act Case Due to Overriding Effect of Section 26E Over MVAT Act. Property Purchased in SARFAESI Auction Held Free from Prior Sales Tax Attachment Under Section 38C of MVAT Act.

12 Jul 2023

The petitioners, Shailesh K. Bothra and Mukesh C. Karwa, were auction purchasers of a property sold by Cholamandalam Investment & Finance Co. Ltd. (pe...

High Court

Bombay High Court Dismisses Developer's Petition for Interim Relief Under Section 9 of Arbitration Act — Dispute Over Possession of Flats for Redevelopment Not Arbitrable as Members Not Bound by Development Agreement. The court held that interim relief under Section 9 of the Arbitration and Conciliation Act, 1996, cannot be granted against persons who are not parties to the arbitration agreement, and the members of the society were not bound by the arbitration clause in the development agreement.

8 May 2015

The petitioner, Shri Krishan Sai Development Corporation, filed an Arbitration Petition under Section 9 of the Arbitration and Conciliation Act, 1996,...

High Court

Bombay High Court Dismisses Purchaser's Challenge to SARFAESI Action; Sale During Injunction Void. Sale of Mortgaged Property During Pendency of Injunction Order Held Void; Purchaser Has No Right to Question Prior Equitable Mortgage Under Section 58(f) of Transfer of Property Act.

10 Mar 2017

The writ petition challenged the orders of the Debts Recovery Appellate Tribunal (DRAT) and the Debts Recovery Tribunal (DRT) dismissing the petitione...

High Court

Bombay High Court Quashes Charity Commissioner's Permission for Sale of Trust Property Due to Inadequate Valuation and Procedural Irregularities. The Court held that the Joint Charity Commissioner failed to conduct an independent assessment of market value and did not ensure compliance with tender conditions, violating Section 36(1)(a) of the Maharashtra Public Trusts Act, 1950.

7 Mar 2025

The petitioner, a former trustee of Respondent No.2 Trust, challenged an order dated 8th July 2024 passed by the Joint Charity Commissioner-2, Mumbai,...

High Court

Bombay High Court Dismisses Writ Petition Challenging Forest Land Encroachment Notices Under Maharashtra Land Revenue Code and Forest Act. Petitioners Failed to Establish Title or Authorisation for Construction on Government Forest Land.

24 Dec 2025

The petitioners, nine individuals, filed a writ petition before the Bombay High Court challenging notices issued by the Deputy Conservator of Forests ...

High Court

Bombay High Court Disposes of Section 9 Petition in Housing Society-Developer Arbitration Amidst Numerous Interim Applications. Interim Measures Including Attachment of Assets and Deposit of Over Rs. 11 Crores Ordered Earlier Under Section 9 of Arbitration Act.

29 Apr 2026

The case involved a commercial arbitration petition filed under Section 9 of the Arbitration and Conciliation Act, 1996, along with thirty-one interim...

High Court

Bombay High Court Quashes Permission for Alteration of Open Spaces in Housing Project — Open Spaces Sanctioned in Approved Layout Cannot Be Reduced Under Guise of Surplus Area. The Court held that purchasers of plots have a right to the open spaces as shown in the approved layout, and any deviation requires fresh approval and consent of all affected parties.

30 Sep 2022

The petitioners, residents and plot owners of the project 'Aldeia de Goa' at Bambolim, challenged the permission/NOC dated 11.12.2020 granted by the D...

Supreme Court

Supreme Court Quashes Municipal Corporation's Mandamus for Land Acquisition Due to Lapsed Reservation and Financial Incapacity. Reservation under Development Plan Lapsed Under Section 127 of MRTP Act, 1966, and Acquisition Not Mandated as Corporation Lacked Funds Under RFCTLARR Act, 2013.

14 Feb 2022

The dispute involved a land reservation under the Kolhapur development plan sanctioned in 1999 for public purposes like parking and garden. The landow...

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