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Bombay High Court Allows Second Appeal in MRTP Act Case — Notice Under Section 53(1) Challenged as Nullity for Shortfall in Statutory Period. Bar Under Section 149 of Maharashtra Regional and Town Planning Act, 1966 Does Not Apply When Notice Itself Is Invalid for Non-Compliance with Mandatory Period.

The appellant, Kishor S/o Ramalu @ Rambhau Telang, was the original plaintiff who received a notice dated 18.11.2010 under Section 53(1) of the Mahara...

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Bombay High Court Dismisses Petition Challenging Disqualification of Councillor Under Maharashtra Local Authority Members Disqualification Act, 1986. Failure to Comply with Whip Issued by Group Leader Constitutes Defection Under Section 3(1)(a) of the Act.

The petitioner, Avinash Mardikar, was elected as a councillor of the Amravati Municipal Corporation and appointed as group leader of a coalition (Agha...

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Bombay High Court Dismisses Application for Appointment of Receiver in Family Property Dispute. Plaintiff Fails to Establish Prima Facie Case for Receiver When Property is in Possession of Defendants and Alternative Remedy of Partition is Available.

The plaintiff, Jayanand Jayant Salgaonkar, filed a suit for partition and accounts against his family members, including his mother, brothers, sisters...

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Bombay High Court Dismisses Borrowers' Writ Petitions Challenging SARFAESI Proceedings by Cooperative Bank — Alternative Remedy Under Section 17 of SARFAESI Act Held Efficacious. Petitioners Directed to Approach Debt Recovery Tribunal for Relief Against Recovery Actions.

The judgment concerns a batch of writ petitions filed by borrowers (Arun Dattatraya Narake and others) against the Authorized Officer of Kolhapur Dist...

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Bombay High Court Dismisses Revision in Ejectment Suit for Lack of Title Proof and Non-Joinder of Necessary Parties. Trustees failed to establish devolution of leasehold interest and maintainability of suit under Section 41 of Presidency Small Cause Courts Act, 1882.

The applicants, claiming to be trustees under a Deed of Wakf dated 22 December 1942, filed a suit for ejectment against the respondents in the Court o...

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High Court of Bombay Allows Second Appeal and Remands Suit for Fresh Trial Due to Non-Application of Mind by Lower Courts. Trial Court's Final Order Lacked Reasoning and First Appellate Court Failed to Discuss Cited Precedents, Resulting in Remand Under Section 107 CPC.

The appellant, Manoj Ganpatlal Chamedia, filed a second appeal before the High Court of Bombay challenging the judgment and order of the first appella...

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NCLAT Dismisses Appeal Against NCLT Order Refusing Recall of CIRP Admission Order. Recall Application Under Rule 11 of NCLT Rules, 2016 Not Maintainable as It Seeks Review of Merits, Not Correction of Clerical Error or Fraud.

The appellant, RCC E-Construct Pvt. Ltd., filed a Company Appeal before the National Company Law Appellate Tribunal (NCLAT), Chennai, challenging the ...

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High Court Allows Writ Petition, Quashes Deemed Conveyance Order in Land Dispute Under Maharashtra Ownership Flats Act, 1963 -- Petitioners Challenge Unilateral Grant to Magnum Tower CHS Limited

The High Court of Bombay allowed a Writ Petition filed by Petitioners against the State of Maharashtra and others, challenging an order dated 9 Januar...

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Bombay High Court Quashes GST Provisional Attachment Order for Violation of Natural Justice. Attachment of Bank Accounts and Property Without Prior Hearing Held Invalid Under Section 79(1)(c) of CGST Act, 2017.

The petitioner, Navin Vishwanathan, proprietor of M/s. Oriental Facility, filed a writ petition under Articles 226 and 300A of the Constitution of Ind...