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Bombay High Court Dismisses Writ Petitions Challenging Coastal Zone Violation Orders Due to Alternative Remedy Under NGT Act. Petitioners failed to establish pre-1991 construction and could not bypass statutory appeal under Section 22 of the National Green Tribunal Act, 2010.

The judgment concerns two writ petitions filed by Prasad Naik and Rosalina de Souza against orders of the Goa Coastal Zone Management Authority (GCZMA...

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Bombay High Court Dismisses Employer's Petitions Challenging Labour Court Orders in Unfair Labour Practice Complaints. Summary jurisdiction under Section 28 of MRTU & PULP Act does not bar determination of disputed employer-employee relationship when status is prima facie established.

The judgment involves three writ petitions filed by Birla Cotsyn (India) Ltd., the employer, challenging identical orders passed by the Labour Court a...

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Bombay High Court Dismisses Petitions Challenging Concurrent Findings in Suit for Possession and Mesne Profits — Suit for Possession and Mesne Profits Dismissed as Barred by Limitation and Res Judicata

The petitioners (original plaintiffs) filed a suit for possession and mesne profits against the respondents (original defendants) in respect of agricu...

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Bombay High Court Dismisses Landlord's Petition in Rent Control Dispute Over Subletting and Bona Fide Requirement. Landlord Failed to Prove Illegal Subletting and Bona Fide Need for Suit Property Under Bombay Rent Act.

The petitioner, Milind Rajkumar Wagholikar (Shah), was the landlord of a suit property bearing CTS No. 506/34, new CTS No. 866, admeasuring about 7500...

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LETTERS PATENT APPEAL NO.288 OF 1999

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Bombay High Court Dismisses Appeal Against Striking Off Defence in Foreign Award Enforcement. Non-compliance with interim orders under Section 9 of Arbitration and Conciliation Act, 1996 leads to striking off defence under Order 39 Rule 11 CPC.

The appeal arose from a judgment of a learned Single Judge of the Bombay High Court dated 4 October 2012, which allowed a motion under Order 39 Rule 1...

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Bombay High Court Dismisses Petition Challenging Invalidation of OBC Caste Certificate in Zilla Parishad Election Case. Caste Claim of Momin Community Rejected Due to Lack of Documentary Evidence and Inconsistent School Records Under Maharashtra Act 23 of 2001.

The petitioner, Nahidabano Pathan, challenged the order dated 19 July 2013 of the Divisional Caste Certificate Scrutiny Committee, Aurangabad, which i...

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Bombay High Court Upholds Government's Power to Issue Directions to Appellate Authority Under MHADA Act — Directions Issued Under Section 164 of the Maharashtra Housing and Area Development Act Are Binding on Appellate Authority

The judgment concerns two writ petitions filed by employees of the Maharashtra Housing and Area Development Authority (MHADA) challenging disciplinary...

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Bombay High Court Dismisses Successive Habeas Corpus Petitions Challenging COFEPOSA Detention Orders on Grounds of Constructive Res Judicata. Fresh Grounds Must Be Raised in Earlier Petitions or Are Barred.

The judgment concerns two criminal writ petitions filed under Article 226 of the Constitution of India challenging orders of detention passed under Se...