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Bombay High Court Dismisses Petition Challenging Slum Rehabilitation Scheme Implementation. Court upholds eligibility determination and authorization of developer under Maharashtra Slum Areas Act, 1971.

The petitioners filed a writ petition under Article 226 of the Constitution of India seeking to quash proceedings leading to implementation of a Slum ...

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Bombay High Court Dismisses Petitions Challenging Tender Cancellation and Re-Tender for Lease of Land for Hotel Development. MHADA's decision to cancel tender and invite fresh bids upheld as valid exercise of administrative discretion, not arbitrary or mala fide.

The Mumbai Housing and Area Development Board (MHADA) owned a plot of land in Powai, Mumbai, and invited tenders in November 2004 for a 90-year lease ...

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Bombay High Court Dismisses Admiralty Suit for Suppression of Facts and Abuse of Process — Arrest of Vessel Set Aside with Return of Security. Plaintiff suppressed filing of proceedings in Hong Kong and China, leading to dismissal of suit and release of security.

The plaintiff, Sinoriches Enterprises Co. Ltd., filed Admiralty Suit No.76 of 2011 in the Bombay High Court seeking a decree and arrest of the vessel ...

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Bombay High Court Dismisses Application for Appointment of Arbitrator in Partnership Dispute Due to Lack of Written Arbitration Agreement. Section 11 Application Under Arbitration and Conciliation Act, 1996 Fails as Alleged Partnership Deed of 1975 Not Produced and No Arbitration Clause Established.

The applicant, Yashvant Chunilal Mody, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of a s...

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Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Lack of Offence Under Section 138 of Negotiable Instruments Act, 1881. Dispute Found to be Civil in Nature as Cheque Was Issued as Security for Repaid Loan.

The applicant, Farooque Fateh Mohammad Sarkhel, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashi...

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Bombay High Court Allows Husband to Lead Evidence First in Property Dispute with Wife — Order 18 Rules 1 and 2 CPC Interpreted. Husband Must Prove His Case as He Would Be Defeated if No Evidence Is Given, Given His Admission of Wife's Payment.

The case involves a property dispute between husband and wife. The wife filed a petition seeking a declaration that she is the sole owner of one of tw...

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Bombay High Court Quashes Process in SC/ST Act Case for Lack of Caste Allegation. Complaint under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989 must specifically mention caste of accused and complainant to sustain prosecution.

The petitioners, Dagadu Gorakh Patil and Atul Jayprakash Suryawanshi, were accused in RCC No.7/2012 filed by the respondent Shivaji Jethya Walvi alleg...