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Bombay High Court Allows Appeal in Specific Performance Suit — Injunction Granted Against Alienation of Property. Development Agreement for Cessed Building Confers Prima Facie Rights; Balance of Convenience Favors Developer.

The appeal arises from an order of a learned Single Judge declining relief in a Notice of Motion taken out by the appellants in a suit for specific pe...

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Bombay High Court Allows Wakf Board's Second Appeal in Property Dispute Over Dargah and Graveyard. Court Holds That Wakf Board Can Sue for Declaration and Possession Without Prior Notification Under Section 6 of Wakf Act, 1954, and That Adverse Possession Cannot Be Claimed Against Wakf Property.

The appellant, Maratwada Wakf Board, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment of the fir...

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High Court Dismisses Union of India's Second Appeal in Salt Land Dispute — Civil Suit Barred Under Section 4(2) of Salt Act, 1882. Exclusive Jurisdiction of Salt Commissioner Precludes Civil Court from Entertaining Suit for Declaration of Title and Possession of Salt Land.

The Union of India, through the Deputy Salt Commissioner, filed a second appeal against the judgment of the District Judge, Thane, which confirmed the...

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Supreme Court Dismisses Appeal in Forest Conservation Case Against Railway Land Development. NGT's Finding That Land Is Not Forest Land Under Forest (Conservation) Act, 1980 Upheld, as Appellants Failed to Prove Land Met Statutory Definition and Provided Unauthorized Evidence.

The appeal arose from a judgment of the National Green Tribunal (NGT) dismissing an original application challenging a Request for Proposal (RFP) issu...

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High Court Directs Coastal Zone Authority to Decide on Mangrove Cutting for High-Speed Rail Project. Court Holds That Expert Bodies Must First Determine Larger Public Interest Before Permitting Destruction of Mangroves Under Coastal Regulation Zone Notification, 2011.

The writ petition arose from a decision of the Maharashtra Coastal Zone Management Authority (MCZMA) deferring permission for the National High Speed ...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Temporary Injunction in MOFA Conveyance Suit. Concurrent findings of trial court and appellate court that plaintiff failed to establish prima facie case for injunction upheld.

The petitioner, Sita Vihar Co-operative Housing Society Ltd., filed a writ petition challenging the concurrent rejection of its application for tempor...

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Bombay High Court Allows Writ Petition in Rent and Possession Dispute, Remands Suit for Fresh Adjudication on Merits — Appellate Court's Remand Order Set Aside for Lack of Proper Reasoning and Non-Compliance with Order 41 Rule 23 CPC.

The petitioner, the original plaintiff, filed a writ petition challenging the judgment and decree dated 25/02/2020 passed by the District Judge-4, Cha...

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Bombay High Court Upholds Rent Controller's Permission to Evict Tenant for Arrears of Rent but Rejects Habitual Defaulter Ground. Landlord's claim for habitual default fails due to lack of specific pleading and proof under clause 13(3)(ii) of C.P. & Berar Rent Control Order, 1949.

The case involves two writ petitions arising from proceedings under the C.P. & Berar Rent Control Order, 1949. The landlord, Ganesh Tukaram Lonkar, so...