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WRIT PETITION NO. 5290 OF 2013

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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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Full Bench of Bombay High Court Determines Reference on Maintainability of Section 18 Reference Under Land Acquisition Act, 1894 After 2013 Act Came into Force. Key Issue Involves Whether Landowners Can Seek Enhancement Under Old Act When Award Passed After Commencement of 2013 Act.

Background: The matter arose from a land acquisition proceeding initiated by the Pune Municipal Corporation under the Land Acquisition Act, 1894. A no...

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Madras High Court Allows Second Appeal in Property Injunction Suit — Concurrent Findings Set Aside Due to Lack of Evidence of Title and Possession. Family Arrangement and Adverse Possession Claims Fail as Plaintiffs Failed to Prove Possession and Necessary Parties Were Not Impleaded.

The case involves a Second Appeal filed by the defendant Selvaraj against the concurrent judgments of the Trial Court and First Appellate Court which ...

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Bombay High Court Dismisses Appeal Against Demolition of Unauthorized Structure Under Section 351 of Mumbai Municipal Corporation Act, 1888. Affidavit-in-Reply to Notice of Motion Cannot Be Treated as Written Statement.

The appellant, M/s. B. Jayantilal, a partnership firm, filed a suit challenging a notice issued by the Municipal Corporation of Greater Bombay under S...

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Bombay High Court Dismisses Petition Challenging Recall of No Written Statement Order in Civil Suit. Trial Court Permitted Municipal Corporation to File Written Statement with Costs of Rs.5,000 Under Order VIII Rule 1 CPC.

The petitioner, Tapi Prestressed Product Ltd., filed a writ petition challenging the order dated 18.12.2017 passed by the trial court in a civil suit....

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Bombay High Court Dismisses Petitioner's Challenge to Land Acquisition Due to 38-Year Delay and Laches. Consent terms entered by petitioner's father in 1966 binding on petitioner; possession taken in 1972; petition filed in 2010 without explanation.

The petitioner, Abhay V. Khinvasara, filed a writ petition under Article 226 of the Constitution of India challenging the acquisition of land bearing ...