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Bombay High Court Allows PIL Challenging Illegal Construction by Builder with Political Connections. Court Quashes Regularisation Orders and Directs Demolition of Unauthorised Structures in Old Goa.

The petitioner, an advocate, filed a Public Interest Litigation before the Bombay High Court at Goa challenging the construction of buildings by Respo...

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Bombay High Court Dismisses Writ Petition Challenging Bank's Possession Under SARFAESI Act — Alternative Remedy Before DRT Must Be Exhausted. Writ Petition Not Maintainable as SARFAESI Act Provides Complete Mechanism for Aggrieved Persons Under Section 17.

The petitioners, Dr. Anil Nandkishor Tibrewala and his wife, owned a flat in Mumbai. They had mortgaged the flat to Jammu and Kashmir Bank Ltd. (respo...

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Bombay High Court Dismisses Builder's Challenge to Deemed Conveyance Order Under MOFA. The Court held that the Competent Authority has jurisdiction to grant deemed conveyance of land and building to the society, and disputes over balance FSI are civil matters.

The petitioners, a builder firm and its partners, challenged an order dated 5 May 2014 passed by the Competent Authority and District Deputy Registrar...

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High Court of Karnataka Quashes Tender Cancellation in Sandranol Procurement Dispute — Violation of Natural Justice and Arbitrary Action. Tender Cancellation Order Set Aside as Issued Without Show Cause Notice and Based on Unsubstantiated Allegations of Price Manipulation.

The petitioner, M/s. Bannari Constructions, a distributor of perfumeries including Sandranol, challenged the cancellation of a tender floated by Karna...

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Karnataka High Court Allows Appeal Against Dismissal of Injunction in Property Dispute — Prima Facie Case Established for Temporary Injunction. The court set aside the trial court's order and remanded for fresh consideration of the injunction application under Order 39 Rules 1 and 2 CPC.

The appellant, M/s Lumbini Gardens Limited, filed a suit for permanent injunction to restrain the respondents (State of Karnataka and others) from unl...

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High Court of Karnataka Allows Appeal Against CESTAT Order in Service Tax Case — Limitation Bar Not Applicable. The court held that the Tribunal erred in dismissing the appeal on limitation grounds when the appeal was filed within the prescribed period under Section 85 of the Finance Act, 1994.

The petitioner, M/s. Practice Strategic Communications India Private Limited, a company providing management services, was issued a show cause notice ...

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High Court of Bombay Addresses Divergence on Reservation Act and Promotion Policy — Constitutional Validity Issue Deemed Academic. Third Judge Holds that Tribunal Overstepped in Striking Down Reservation Act as the Core Dispute Concerned Promotion Quotas, Not Direct Recruitment Reservations.

The matter originated from a reference by the Chief Justice under Rule 7, Chapter I of the Bombay High Court Appellate Side Rules, necessitated by a d...

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High Court of Karnataka Dharwad Bench Delivers Judgment in Motor Accident Claim Appeal Involving Air Force Sergeant Paralyzed in Road Accident. Tribunal's Dismissal of Claim Based on Lack of Complainant's Complaint and Criminal Charge Sheet Challenged.

The appellant, a former Sergeant in the Indian Air Force, sustained grievous injuries in a road traffic accident on 03.02.2007, resulting in 100% disa...