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Bombay High Court Dismisses Writ Petition Seeking Alternate Plot — No Legal Right to Substitution Established. Co-operative society's claim for alternate land rejected as original allotment remained intact, no statutory right under Article 226 of Constitution of India.

The petitioners, Nyaya Darshan Co-operative Housing Society Ltd. and its member Chandru Tolani, filed a writ petition under Article 226 of the Constit...

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Bombay High Court Upholds Decree for Restoration of Possession Under Section 6 of Specific Relief Act, 1963 — Trial Court's Finding on Ownership Held Without Jurisdiction. Court sets aside finding on ownership but confirms decree as plaintiffs proved prior possession and wrongful dispossession.

The case involves a Civil Revision Application filed by the original defendant against a decree passed by the learned Joint Civil Judge, Senior Divisi...

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Bombay High Court Allows Petition in Tender Dispute Over Exchange Rate Date — Interpretation of Clause 20(c) of Tender Documents. Court Holds That Date of Opening of Techno-Commercial Bid Is the Relevant Date for Exchange Rate Determination Under Tender Clause.

The petitioners, Knowledge Infrastructure Systems Pvt. Ltd. and its director, filed a writ petition challenging the decision of Respondent No.1, Mahar...

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Bombay High Court Dismisses Petition Challenging Monitoring Committee's Order in Mukesh Mills Redevelopment Case — CRZ-II Zoning and Development Control Regulations Apply to Textile Mill Land.

The petitioners, M/s TCI Industries Ltd and its Executive Director, owned a large property in Colaba, Mumbai, known as Mukesh Mills, a former cotton t...

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Bombay High Court Allows Criminal Writ Petition of Divorced Wife in Domestic Violence Act Case — Subsistence of Marriage Not Required for Maintainability. Economic Abuse After Divorce Can Be Addressed Under Section 12 of Protection of Women from Domestic Violence Act, 2005.

The petitioner, Ms. Aradhana Walkade, and the respondent, Mr. Chandrashekar Vaidya, were married on 8/8/2001 and had a daughter. They were divorced by...

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Bombay High Court Allows Section 9 Petition for Appointment of Receiver and Injunction in Loan Default Case. Loan Agreement and Mortgage by Deposit of Title Deeds Established Prima Facie Case for Interim Relief Under Section 9 of the Arbitration and Conciliation Act, 1996.

The petitioner, Aditya Birla Finance Limited, a non-banking finance company, filed a petition under Section 9 of the Arbitration and Conciliation Act,...

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Bombay High Court Allows Writ Petition Challenging SAFEMA Forfeiture Orders — Bank's Mortgage Rights Protected as Prior Encumbrance. The Court held that forfeiture under Section 7 of SAFEMA does not extinguish a prior bona fide mortgage created before the issuance of the show cause notice.

The Petitioner, Development Credit Bank Ltd., filed a writ petition under Article 226 of the Constitution of India challenging an order dated 12th Mar...