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High Court of Karnataka Examines Challenges to State Guidelines on Appointment of Pollution Control Board Chairman. Court Considers Whether Executive Guidelines Violate Water Act and Binding Supreme Court Precedent.

The High Court of Karnataka at Bengaluru heard a batch of eight writ petitions, six of which were filed in public interest litigation jurisdiction. Th...

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Bombay High Court Dismisses Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Agreement for Sale of Agricultural Land Not Enforceable as Plaintiff Did Not Demonstrate Financial Capacity and Conduct Showed Lack of Readiness.

The appellant, Jayantilal Devji Shah, filed a suit for specific performance of an agreement for sale of agricultural land against the respondents. The...

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Bombay High Court Dismisses Suit for Specific Performance of Oral Agreement to Sell Flat. Oral Agreement for Sale of Immovable Property Not Enforceable Due to Lack of Written Contract and Part Performance Under Section 53A of Transfer of Property Act, 1882.

The plaintiff, Nirav Deepak Modi, filed a suit for specific performance of an oral agreement allegedly entered into with defendant No.1, Najoo Behram ...

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Bombay High Court Dismisses Second Appeal in Property Dispute Over Notice Under Section 478 of BPMC Act. Repair Work by Appellant Not Covered by Section 478 as It Was Not Urgent or Necessary for Safety.

The appellant, Ashok Ambadas Gangane, filed two second appeals against the respondents, M/s. Shubhamangal Builders and Others, and Pune Municipal Corp...

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Bombay High Court Dismisses Developer's Section 9 Petition for Possession Against Tenant in Arbitration Dispute — Interim Relief Denied as Disputed Questions of Fact Require Trial

The petitioner, M/s. Gandhi Adhivitiya Combine, a developer, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking a...

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Bombay High Court Allows Impleadment of Subsequent Purchaser in Suit Challenging Municipal Notice Under Section 351 of MMC Act, 1988. Petitioner's Sufficient Interest Recognized as Property Owner Entitled to Be Heard Before Adverse Orders.

The Petitioner, Lodha Properties Development Private Limited, filed a writ petition challenging the order dated 26th February 2014 passed by the City ...

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Bombay High Court Dismisses Petitions Challenging Consent Decree in Suit for Specific Performance — No Fraud or Collusion Found in Consent Terms Filed by Counsel. Consent decree upheld as valid and binding under Order XXIII Rule 3 CPC.

The petitioners, Dhanaji Kashinath Shendkar and others, filed writ petitions challenging a consent decree passed in a suit for specific performance. T...

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Bombay High Court Allows Hospital to Set Up Oxygen Generation Plant in Municipal Garden During COVID-19 Pandemic. Public Interest in Saving Lives Overrides Municipal Objection to Use of Public Garden for Life-Saving Facility.

The petitioner, Viveka Super Specialty Hospital & Research Centre Private Limited, filed a writ petition seeking permission to set up an oxygen genera...

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Bombay High Court Allows Writ Petition Challenging Preliminary Issue on Jurisdiction in Construction Dispute. Civil Court Jurisdiction Not Barred Under Section 488 of Maharashtra Municipal Corporations Act, 1949 for Suit Alleging Violation of Byelaws and Infringement of Civil Rights.

The petitioner, Satish Trivedi, filed a writ petition challenging an order of the Civil Judge, Senior Division, Chandrapur, which decided a preliminar...