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Bombay High Court Dismisses Petitions Challenging Demolition of Unauthorized Construction on Municipal Land — Held That No Notice Under Section 53A of Transfer of Property Act Is Required for Unauthorized Occupants and That Encroachment on Public Land Cannot Be Regularized.

The judgment concerns two writ petitions filed by different groups of petitioners challenging the demolition of their constructions on land belonging ...

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Madras High Court Considers Writ Petition Challenging Fishery Auction Notice Issued Without Cancellation of Patta. Petitioner Claims Inherited Rights from 1942 Court Auction Sale Under Constitution of India, Article 226.

The writ petition was filed under Article 226 of the Constitution of India seeking a writ of certiorari to quash a fishery public auction notice. The ...

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Bombay High Court Dismisses Writ Petition Challenging Tenancy Orders in Suo-Moto Enquiry Under Bombay Tenancy and Agricultural Lands Act, 1948. Landlord's Claim of Personal Cultivation Fails as Tenant's Possession and Default in Rent Payment Established.

The petitioners, Vinayak Ratnagiri Gosavi and Tryambak Shivram Gosavi, were the original opponents in a suo-moto tenancy enquiry initiated by the Tahs...

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High Court Allows Appeal in Central Excise Refund Case — Assessee Passed on Duty Incidence to Customers, Refund Claim Rejected. Section 12B of Central Excise Act, 1944 bars refund if duty burden shifted to others.

The appellant, M/s. Toyota Kirloskar Motor Ltd., is engaged in manufacturing passenger utility vehicles and parts thereof, which are excisable under C...

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Bombay High Court Dismisses Petitioner Association's Challenge to Bio-stimulant Regulation Under Fertilizer Control Order. Bio-stimulants Held to Be Fertilizers Under Essential Commodities Act, 1955, and Their Regulation Under Fertilizer (Inorganic, Organic or Mixed) (Control) Order, 1985 Is Valid.

The petitioner, M/s. Organic Agro Manufactures Association, an association of bio-stimulant manufacturers, filed a writ petition under Article 226 of ...

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Bombay High Court Dismisses Challenge to MOFA Amendments and Upholds Conveyance Order — Amendments to Maharashtra Ownership of Flats Act, 1963 by Act No.4 of 2008 are intra vires and Competent Authority's order directing conveyance is valid as promoter failed to execute conveyance within statutory period.

The petitioner, M/s. Shree Siddharth Construction, a partnership firm, challenged the constitutional validity of amendments made to the Maharashtra Ow...

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Karnataka High Court Pronounces Order on Constitutional Challenge to Karnataka On-demand Transportation Technology Aggregators Rules, 2016. Petitioners Assert Rules Ultra Vires Motor Vehicles Act, 1988 and Violative of Freedom of Trade and Commerce Under Articles 14, 19(1)(g), and 301 of the Constitution.

The Karnataka High Court considered a batch of writ petitions challenging the constitutional validity of the Karnataka On-demand Transportation Techno...

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High Court of Karnataka Hears Writ Petitions Challenging Karnataka On-Demand Transportation Technology Aggregators Rules, 2016. Petitioners Allege Rules Are Ultra Vires Motor Vehicles Act, 1988 and Violate Fundamental Rights.

The writ petitions arose from the notification of the Karnataka On-Demand Transportation Technology Aggregators Rules, 2016, by the State Government o...

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Bombay High Court Dismisses Appeal Against Temporary Injunction in Trademark Infringement Suit. Phonetic similarity between 'PLAXO' and 'PLASTO' held sufficient to grant injunction under Trade Marks Act, 1999.

The present appeal arises from an order dated 15/02/2018 passed by the learned District Judge-8, Nagpur, allowing an application for temporary injunct...