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High Court

Bombay High Court Upholds Eviction Decree in Slum Area Case — Setting Aside of Slum Declaration After Suit Filing Does Not Render Suit Void Ab Initio. The court held that once the notification under Section 4 of the Maharashtra Slum Areas Act, 1971 is set aside, the prohibition against filing suit without permission is removed retrospectively.

18 Nov 2019

The case involves a reference to a larger bench due to conflicting views of two learned Single Judges of the Bombay High Court on the effect of a decl...

High Court

Bombay High Court Dismisses State Appeal Against Maintainability of Suit Challenging Slum Acquisition Proceedings. Suit for Declaration of Title and Injunction Held Maintainable Despite Bar Under Section 42 of Maharashtra Slum Areas Act, 1971.

22 Feb 2017

The State of Maharashtra appealed against an order dated 12 April 2016 passed by a learned Single Judge of the Bombay High Court in Suit No.2862 of 20...

High Court

Bombay High Court Upholds Injunction Against Developer in Property Dispute Over MHADA Land — Interim Relief Granted to Protect Possession Pending Trial. The court found that the plaintiff had a prima facie case based on registered documents, while the defendant failed to show any better title or possession.

24 Aug 2016

The appeal arose from an order of the City Civil Court, Dindoshi, Mumbai, which granted an ad-interim injunction in favor of the plaintiff, M/s Krishn...

High Court

Bombay High Court Quashes Minister's Status Quo Order in Slum Redevelopment Dispute — Minister Exceeded Jurisdiction Under Maharashtra Slum Areas Act, 1971. The Court held that the Minister for Revenue had no statutory power to pass an order of status quo in respect of possession of an eligible slum dweller, and the order was unsustainable.

29 Mar 2016

The petitioner, Shreeji Construction, a partnership firm, was implementing a slum redevelopment scheme on lands belonging to the Municipal Corporation...

High Court

Bombay High Court Quashes Minister's Status Quo Order in Slum Redevelopment Dispute — Minister Exceeded Jurisdiction Under Maharashtra Slum Areas Act, 1971. The Minister for Revenue lacked suo motu revisional powers under the Act, and the order of status quo regarding possession of an eligible slum dweller was held to be without authority of law.

29 Mar 2016

The petitioner, Shreeji Construction, a partnership firm, was implementing a slum redevelopment scheme on lands belonging to the Municipal Corporation...

High Court

Bombay High Court Allows Landlord's Revision in Rent Control Eviction Suit — Notice Service Valid Under Section 12(2) of Bombay Rent Act and Slum Act Permission Not Required at Decree Stage. The court held that statutory presumption under Section 27 of General Clauses Act applies to notice service and that Section 22 of Slum Act does not bar maintainability of suit filed before slum notification.

7 Aug 2015

The applicant, Indira Rani Ugrasen, filed Civil Revision Application No. 139 of 2007 in the Bombay High Court against the judgments and decrees dated ...

High Court

Bombay High Court Dismisses Tenant's Petition in Eviction Suit for Arrears of Rent — Slum Area Declaration Does Not Oust Jurisdiction of Small Causes Court Without Prior Permission Under Section 22 of Maharashtra Slum Areas Act.

7 Jan 2011

The petitioner, Hari Dhondu Gurav, was a monthly tenant in a room in Clement D'Souza Chawl, Mumbai, owned by the respondent, Jhonney Augustine Gomes. ...

High Court

Bombay High Court Dismisses Challenge to Slum Acquisition Proceedings Based on Adverse Possession Claim. Petitioners' claim of adverse possession not established; acquisition under Maharashtra Slum Areas Act upheld.

13 Dec 2006

The petitioners, claiming adverse possession, challenged the acquisition proceedings under the Maharashtra Slum Areas (Improvement, Clearance and Rede...

High Court

Bombay High Court Dismisses Petition Seeking Protection of Stall in Slum Area — Petitioner Failed to Establish Possession Prior to Cut-off Date of 1.1.1995. Land Belonging to MHADA Vests in Slum Rehabilitation Authority Under Maharashtra Slum Areas Act, 1971.

20 Apr 2005

The petitioner, Shriniwas Krishna Suvarna, filed a writ petition before the Bombay High Court seeking protection for his stall located on land belongi...

High Court

Bombay High Court Upholds Validity of Maharashtra Entry Tax Act — State Legislature Competent to Levy Entry Tax on Goods Imported from Outside State. Levy of Entry Tax Under Entry 52 List II Not Repugnant to Central Sales Tax Act and Is a Reasonable Restriction Under Article 304(b).

30 Nov -0001

The judgment pertains to a batch of writ petitions challenging the constitutional validity of the Maharashtra Tax on Entry of Goods into Local Areas A...

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