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Bombay High Court Allows Municipal Corporation's Appeals in Encroachment Dispute, Holding Civil Court Lacks Jurisdiction. Shopkeepers' Suits for Declaration of Title and Injunction Dismissed as Property Vested in Corporation Under Bombay Municipal Corporation Act, 1888.

The Municipal Corporation of Greater Mumbai and its Assistant Municipal Commissioner filed appeals against an interim order passed by the City Civil C...

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Bombay High Court Dismisses Petition Challenging Appointment of Administrator for Co-operative Housing Society Under Section 77A of MCS Act, 1960. Court upholds Registrar's power to appoint administrator when committee fails to convene annual general meeting and elections are overdue.

The petitioners, members of Ganga Bhavan Co-operative Housing Society Limited, challenged the appointment of an administrator by the Deputy Registrar ...

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Bombay High Court Dismisses Petitions Challenging Water Cess Levy on Industrial Groundwater Use. Levy under Section 12 of Maharashtra Irrigation Act, 1976 is compensatory and regulatory, not a tax, and validly imposed on industries drawing groundwater for commercial purposes.

The judgment concerns three writ petitions filed by industrial companies—BILT Graphic Paper Products Ltd., UltraTech CemCo Ltd., and Associated Ceme...

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WRIT PETITION NO.3013 OF 2018

The writ petition was filed under Article 226 of the Constitution by a co-operative housing society, a developer, and its director challenging a stop ...

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Supreme Court Allows State Appeal in Police Constable Dismissal Case — Reinstates Dismissal Despite Criminal Acquittal. Standard of Proof in Disciplinary Proceedings is Preponderance of Probabilities, Not Beyond Reasonable Doubt.

The appeal arises from a judgment of the Division Bench of the Rajasthan High Court which set aside the dismissal of the respondent, a police constabl...

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Supreme Court Dismisses Union of India's Challenge to Advisory Board Opinion in COFEPOSA Detention Case — Advisory Board's Opinion of No Sufficient Cause for Detention is Non-Justiciable and Not Subject to Challenge Under Article 136

The case involves a challenge by the Union of India against the opinion of the Advisory Board constituted under the Conservation of Foreign Exchange a...

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Bombay High Court Allows Petition Challenging Vesting of Land as Private Forest Under Maharashtra Private Forest (Acquisition) Act, 1975. Defective Notice Under Section 35(3) and Notification Under Section 35(1) Render Vesting Invalid.

The petitioner, Rajmachi Rural Aid and Development Programme, a trust registered under the Bombay Public Trust Act, 1950, filed a writ petition challe...