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High Court of Bombay at Goa Dismisses Petition Challenging Lease of Port Land for Hotel Project — No Violation of Indian Ports Act Found as Lease Was Granted by Competent Authority Before Act's Extension to Goa.

The petitioner, Goa Foundation, a registered society, filed a writ petition seeking to recall and rescind a lease dated 30.04.1979 granted by the Stat...

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Bombay High Court Dismisses Second Appeal in Land Title Dispute — Mutation Entries Not Conclusive Proof of Title. Revenue authorities' decisions in mutation proceedings do not determine title; civil court must decide based on evidence.

The appellants (original plaintiffs) filed a second appeal against the judgment and decree dated 7th November 1990 passed by the learned Additional Di...

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Bombay High Court Dismisses Challenge to Section 479(2) of MMC Act, 1888 — License Fee Fixation by Commissioner Upheld. The court held that the power to fix fees is not unguided and does not violate Articles 14 or 19(1)(g) of the Constitution.

The petitioners, Rushabh Outdoors (a partnership firm) and Vandana Borse (proprietress of M/s. Synnovation), challenged the constitutional validity of...

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Bombay High Court Allows Withdrawal of Writ Petition in Municipal Corporation Dispute — Petitioner Seeks to Pursue Alternative Remedy Before Civil Court. Court permits withdrawal with liberty to file civil suit, holding that pendency of writ petition does not bar civil remedy.

The petitioners, Jhalak Constructions through its partners Naresh Harumal Wadhwani and Sagar Mukesh Wadhwani, filed a writ petition before the Bombay ...

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High Court of Karnataka Allows Petition in Stamp Duty Dispute Over Arbitral Interim Order. Court Holds That an Order Under Section 17 of Arbitration and Conciliation Act, 1996 Is Not an 'Award' Under Article 11 of Karnataka Stamp Act, 1957, and Thus No Stamp Duty Is Payable.

The petitioners, Mrs. Shaila Mathias and Mrs. Yasmine Felix, filed a writ petition under Article 227 of the Constitution of India challenging an order...

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Gujarat High Court Dismisses Appeal Against Decree for Removal of Unauthorized Construction in Property Dispute. Partition Deed and Commissioner Report Establish Encroachment, Affirming Trial Court's Injunction Under Section 96 CPC.

The case involves a first appeal under Section 96 of the Code of Civil Procedure, 1908, filed by the defendant (appellant) challenging the judgment an...

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Bombay High Court Allows Writ Petition Challenging Rejection of Leave to Defend in Summary Suit for Recovery of Earnest Money Under Oral Agreement. Oral Agreement for Sale Does Not Fall Within Order 37 CPC Categories, Hence Unconditional Leave to Defend Granted.

The respondent-plaintiff filed Special Civil Suit No.120 of 2017 before the Civil Judge Senior Division, Pune, seeking recovery of Rs.12,00,000/- (inc...

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Bombay High Court Dismisses Petition by Co-operative Society Challenging Orders Allowing Associate Member to Use Terrace. Terrace held to be part of the flat under the Maharashtra Co-operative Societies Act, 1960, and the society cannot restrict its use.

The petitioner, Maitri Park Co-operative Housing Society Ltd., filed a writ petition under Article 227 of the Constitution of India challenging orders...

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High Court of Karnataka Allows Petition Challenging Stamp Duty on Arbitrator's Interim Order. The court held that an order under Section 17 of the Arbitration and Conciliation Act, 1996 is not an 'award' under Article 11 of the Karnataka Stamp Act, 1957, and thus no stamp duty is payable.

The petitioners, Mrs. Shaila Mathias and Mrs. Yasmine Felix, filed a writ petition under Article 227 of the Constitution of India challenging an order...