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Supreme Court Allows Refund of Premium for Unutilized FSI in Land Development Case — Absence of Statutory Bar Permits Refund When Privilege Not Availed. Appellants Paid Premium for Extra FSI but Abandoned Project; Court Held Retention of Premium Without Benefit Amounts to Unjust Enrichment.

The appellants, Prasad Pandurang Tapkir and Shakuntala Pandurang Tapkir, owned agricultural land in Survey No. 103/2/2 of Alandi Taluka, Pune District...

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RFIRST APPEAL NO. 3732 of 2023

The High Court of Gujarat heard two appeals under Section 37 of the Arbitration and Conciliation Act, 1996, filed by Madhya Gujarat Vij Company Limite...

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Bombay High Court Dismisses Petitions Challenging Demolition of Unauthorized Constructions in Shirdi — Held That No Notice Under Section 53 of the Maharashtra Regional and Town Planning Act, 1966 Is Required Before Demolition of Unauthorized Structures Under Section 52.

The judgment concerns two writ petitions filed by residents of Shirdi challenging the demolition of their structures by the Shirdi Nagar Panchayat. Th...

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Bombay High Court Dismisses Municipal Corporation's Appeal, Upholds Injunction Against Demolition Without Due Process. Municipal Corporation Cannot Demolish Premises Without Following Procedure Under Section 478 of Bombay Provincial Municipal Corporation Act, 1949.

The appellant, Kalyan Dombivli Municipal Corporation, was the original defendant in a suit filed by the respondent, Tukaram Muttappa Pai, who had purc...

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High Court of Karnataka Dismisses Second Appeal in Declaration and Possession Suit — Substantial Question of Law Not Pressed. Amendment to plaint seeking both declaration and recovery of possession renders the framed question of law infructuous.

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the appellant against the judgment and decree dated...

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"Supreme Court Affirms Need for Minority Establishment in AMU’s Minority Status Dispute" AMU’s Minority Status Under Scrutiny: Establishment by Legislature Versus Minority Founding Rights

The Supreme Court judgment in Aligarh Muslim University v. Naresh Agarwal & Ors. primarily deals with the issue of minority rights in education, f...

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Bombay High Court Dismisses Petitions Challenging Land Acquisition for Garden and Playground in Development Plan. Land Reserved Under Maharashtra Regional and Town Planning Act, 1966 Cannot Be Challenged on Grounds of Delay or Change of Purpose Once Acquisition Proceedings Are Initiated.

The judgment concerns two writ petitions filed by Abhijit Chandrakant Chaunda and Chandrashekhar Mallikarjunappa Bidve challenging the acquisition of ...