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Bombay High Court Dismisses Petitions Challenging Refusal of No-Objection Certificate for New Colleges. Government Policy Requiring NOC from Existing Colleges in Vicinity Upheld as Valid and Not Arbitrary.

The petitioners, Jagruti Foundation and Sanjay Modak Education Society, filed writ petitions challenging the refusal of the State Government to grant ...

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High Court of Bombay Disposes Cross Appeals from Trial Court's Injunction Order in Suit for Demolition and CRZ Declaration; Construction in CRZ Not Entitled to Completion Certificate Though Demolition Restrained When Built Per Sanctioned Plan.

The dispute arose from a notice dated 7th February 1998 issued by the Municipal Corporation of Greater Bombay under Section 354A of the Mumbai Municip...

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Bombay High Court Upholds Validity of Section 138 NI Act and Directs Magistrates to Accept Complaints Without Preliminary Inquiry. Section 138 Negotiable Instruments Act, 1881 is constitutionally valid and Section 200 CrPC does not require preliminary inquiry in cheque dishonour cases.

The judgment arises from a batch of petitions challenging the constitutional validity of Section 138 of the Negotiable Instruments Act, 1881 and the p...

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Bombay High Court Allows Writ Petition Challenging MIDC's Demand for Service Charges at Allegedly Agreed Rate. Service charges must be based on statutory notification under Section 14 of the Maharashtra Industrial Development Act, 1961, not private negotiation.

The petitioner, Federation of Association of Industries, through its President Shyamsundar Vasudev Agrawal, filed a Writ Petition before the Bombay Hi...

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Bombay High Court Allows Appeal Against Refusal of Interim Relief in Arbitration Dispute Over Share Pledge and Corporate Guarantee — Holds That Prima Facie Case and Balance of Convenience Favored Appellant for Injunction Against Enforcement of Personal Guarantees and Share Pledge Pending Arbitration.

The appellant, Palmview Investments Overseas Limited, a company incorporated in the British Virgin Islands, filed an appeal against an order of the Co...

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Bombay High Court Allows Claim Petition Beyond Limitation in Motor Accident Case — Tribunal Has Power to Entertain Delayed Claim After Omission of Section 166(3). The Court held that the omission of Section 166(3) does not affect pending claims and the Tribunal retains inherent power to condone delay.

The petitioner, Kum. Jyoti Manohar Shetye, a socially engaged citizen employed with the Bombay Port Trust, participated in a bicycle ride from Mumbai ...