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Bombay High Court Quashes No-Confidence Motion Against Vice-President for Violation of Natural Justice and Procedural Rules under Maharashtra Municipal Councils Act, 1965. Failure to allow the petitioner to speak and absence of proper proposal and seconding rendered the motion invalid.

The petitioner, Shailesh Gabhane, was the Vice-President of Nagar Panchayat, Mohadi, elected on 19.01.2022. On 20.12.2022, nine elected councillors su...

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Bombay High Court Partially Allows Petition Against Ban on Transport of Banned Food Products Through Maharashtra. Inter-State Transport of Banned Products Not Prohibited Under Section 30(2)(a) of Food Safety and Standards Act, 2006.

The petitioners, including the driver, cleaner, owner of a truck, and a transporter, challenged an order dated 15/7/2020 issued by the Food Safety Com...

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Bombay High Court Dismisses Petition Challenging MHADA Housing Allotment — Petitioner's Challenge to Eligibility of Allottees Fails. Court holds that MHADA's decision to allot flats to respondents was within its administrative discretion and not arbitrary under Article 226.

The petitioner, Ved Prakash Gupta, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging the a...

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Bombay High Court Dismisses Second Appeals by Developer in Possession Suits — Concurrent Findings of Fact Cannot Be Reopened Under Section 100 CPC. Suits for possession based on title and prior possession were decreed; no substantial question of law arose.

The appellant, M/s. Samruddhi Developers, a partnership firm, filed four second appeals under Section 100 of the Code of Civil Procedure, 1908, challe...

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Bombay High Court Revokes Heirship Certificate Granted Under Bombay Regulation VIII of 1827 Due to Suppression of Material Facts and Non-Joinder of Other Legal Heirs. The court held that an heirship certificate obtained by suppressing the existence of other legal heirs is liable to be revoked.

The petitioners, being the widow, daughter, minor son, and mother of the deceased Bhimrao Anand Jadhav, filed a petition seeking revocation of an heir...

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Bombay High Court Allows Appeal by Housing Society in Property Dispute Over Water Connection and Construction. Developer's Agreement to Provide Water Connection and Restrict Construction Held Binding.

The case involves two cross-appeals arising from a judgment and decree dated 31st March 2004 in L.C. Suit No. 786 of 2004. The appellants in First App...

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Bombay High Court Allows Landlords' Appeal in Rent Control Eviction Suit — Subletting and Unauthorised Construction by Tenant Established. Section 13(1)(e) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 applied as tenant's acts amounted to nuisance and subletting without consent.

The original plaintiffs, landlords of a premises in Thane, filed a suit for eviction against the tenant Shankar Parshuram Naik (since deceased, repres...

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Bombay High Court Allows Writ Petition Challenging Property Tax Reassessment by Municipal Corporation. Reassessment After 30 Years Without Notice and Hearing Violates Section 154 of the Mumbai Municipal Corporation Act, 1888 and Principles of Natural Justice.

The petitioners, including a co-operative housing society and its members, challenged the reassessment of property tax by the Municipal Corporation of...