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Bombay High Court Dismisses Petition Challenging Sale of TDR by Public Trust Without Charity Commissioner's Permission. Transferable Development Rights (TDR) Held to be Movable Property, Not Requiring Permission Under Section 36(1)(c) of Bombay Public Trusts Act, 1950.

The petitioners, Sadoday Builders Private Ltd. and its director, filed a writ petition under Articles 226 and 227 of the Constitution of India challen...

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Bombay High Court Allows Open Category Appointment for Principal Post in Grant-in-Aid College. University's Direction to Reserve Post for Backward Classes Set Aside as No Reservation Applies to Single Post of Principal Under Maharashtra Universities Act.

The petitioner, Shri Sharda Bhavan Education Society, is an educational institution running several colleges and schools, including Rajiv Gandhi Mahav...

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Bombay High Court Dismisses Writ Petition Challenging Striking of Election Petition Paragraphs in Municipal Election Dispute. Court upholds that vague allegations of corrupt practices without specific details of consent by the returned candidate are liable to be struck off under Order VI Rule 16 CPC.

The petitioner, Eknath Bayaji Gadkari, filed an election petition under Section 33(1) of the Mumbai Municipal Corporation Act, 1888, challenging the e...

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Bombay High Court Upholds Trial Court's Power to Direct Defendant to Begin Evidence Under Order 18 Rule 1 CPC. Negative Averments and Admission of Possession Shift Burden to Defendant to Prove Title.

The petitioner, M/s. Metafield Coil Pvt. Ltd., the original defendant in Special Civil Suit No. 204/2001, challenged an order passed by the trial cour...

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Bombay High Court Dismisses Second Appeal in Partition Suit, Holds Partial Abatement Only. Death of some appellants during pendency of appeal does not abate entire appeal; decree not a nullity under Order 22 CPC.

The case involves a second appeal arising from a suit for partition and separate possession. The original suit was filed by the plaintiffs (now respon...

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Bombay High Court Allows Second Appeal in Mesne Profits Case — Trial Court's Direction for Enquiry Without Pleadings Set Aside. Direction for mesne profits enquiry under Order XX Rule 12 CPC without any pleadings or prayers in the suit is unsustainable.

The case involves a second appeal before the Bombay High Court, Aurangabad Bench, arising from a trial court judgment that included a direction for an...

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Bombay High Court Allows Petition for Interim Compensation Under Section 140 of Motor Vehicles Act, 1988 — No-Fault Liability Principle Applied. Tribunal's Order to Hear Application on Merits Set Aside as Premature; Interim Compensation Directed to Be Paid Within Four Weeks.

The petitioner, Meenakshi @ Meena Ashok Jondhale, filed a writ petition before the Bombay High Court challenging an order of the Motor Accident Claims...

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Bombay High Court Allows Victim's Appeal Against Acquittal in Corruption Case. Holds that the amendment to Section 372 CrPC giving right to victim to appeal is procedural and retrospective.

The applicant, Babu Uligappa Batteli, was the original complainant who filed a complaint against respondent no.2 for offences under the Prevention of ...

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Bombay High Court Dismisses Revenue's Appeals in Antidumping Duty Gap Period Case. Tribunal's Decision That No Antidumping Duty Can Be Levied During Period Between Expiry of Provisional Duty and Imposition of Final Duty Under Rule 21 of Customs Tariff (Antidumping) Rules, 1995 Upheld.

The Commissioner of Customs (Import), Mumbai, filed appeals against orders of the Customs Excise & Service Tax Appellate Tribunal (CESTAT) dated 1 Aug...

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Bombay High Court Quashes Detention Order Under MPDA Act Due to Unexplained Delay Snapping Live-Link. Preventive Detention Order Set Aside as Delay of 25 Days in Passing Order Not Satisfactorily Explained by Detaining Authority.

The petitioner, Mandar Ajit Borkar, challenged his preventive detention order dated 14th October 2011 passed by the Commissioner of Police, Brihan Mum...