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High Court of Judicature at Bombay Considers Challenge to Arbitral Award Under Section 34 of Arbitration Act in Property Development Dispute. Petitioners Argue Award is Unreasoned and Arbitrator Failed to Independently Analyze Submissions, Seeking Set Aside.

Background: The matter involved a property development dispute concerning three tribal (Adivasi) lands in Malad, Mumbai. The petitioners were legal he...

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Bombay High Court Quashes Land Acquisition Under Slum Act for Non-Compliance with Section 14(1) — Acquisition of Petitioner's Land by Deputy Collector Set Aside for Failure to Follow Mandatory Procedure Under Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971.

The petitioner, NESCO Limited, filed a writ petition under Article 226 of the Constitution of India challenging the acquisition of its land bearing CT...

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Bombay High Court Allows Appeal Against Rejection of Temporary Injunction in Slum Rehabilitation Tenement Dispute. Court holds that Trial Court erred in not considering balance of convenience and irreparable loss while rejecting injunction under Order 39 Rules 1 and 2 CPC.

The appellants, Fayzan Khan, Devendra Mishra, Firoz Ismail Khan, and Rajesh Kanojiya, filed a suit in the City Civil Court at Dindoshi seeking a decla...

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Bombay High Court Dismisses Petitions Challenging MCGM's Condition of 100% Tenant Consent for Redevelopment of Dilapidated Buildings. Clause 1.15 of C-1 Guidelines Requiring Permanent Alternate Accommodation Agreements with All Tenants as Precondition for Commencement Certificate is Valid and Enforceable.

The judgment concerns two writ petitions filed under Article 226 of the Constitution of India challenging the condition imposed by the Municipal Corpo...

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Bombay High Court Allows Writ Petition Challenging Condition No. 5 of NOCs for Redevelopment Projects — Condition Imposing Payment of Expenditure Incurred by Board Held Unauthorized and Without Legal Basis. Court directs refund of amounts paid under protest pursuant to the impugned condition.

The Petitioner, Chandulal Jorawarmal Mehta, a sole proprietor of Mehta Developers, filed a Writ Petition under Article 226 of the Constitution of Indi...

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Bombay High Court Directs Registration of Document Despite Pending Stamp Duty Adjudication — Period of Adjudication Excluded for Limitation Under Section 23 of Registration Act. Sub-Registrar Cannot Refuse Registration on Ground of Pending Adjudication Under Section 31 of Maharashtra Stamp Act.

The petitioner, Snehanjali Electronics and Trading Private Limited, filed a writ petition seeking a direction to the Sub-Registrar, Andheri I (Respond...

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Bombay High Court Adjudicates Challenges to Cancellation of Non-Creamy Layer Certificates. Petitioners Contend Income from Salary of Group C Employees Should Be Excluded Under Office Memoranda of Central Government.

The matter concerned two writ petitions filed under Article 226 of the Constitution of India challenging orders withdrawing Non-Creamy Layer certifica...

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Bombay High Court Allows Appeal Against Section 9 Order Due to Insufficiently Stamped MOU. Application Under Section 9 of Arbitration and Conciliation Act, 1996 Held Not Maintainable as Underlying Agreement Was Insufficiently Stamped Under Section 35 of Bombay Stamp Act, 1958.

The appeal arose from an order dated 30 August 2013 passed by the learned Principal District Judge, Thane, allowing an application filed by the respon...

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Bombay High Court Upholds Levy of Fees on Transporters and Traders Under Essential Commodities Act for Maintenance of Public Distribution System. The court held that the levy under Section 3(3)(f) of the Essential Commodities Act, 1955 is a valid regulatory fee and not a tax.

The judgment involves multiple writ petitions and civil applications challenging the levy of fees on transporters and traders under the Maharashtra Es...

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Bombay High Court Directs State to Reimburse Fees for Backward Class Students in Private Unaided Schools - State's Obligation Under Article 21-A and RTE Act

The petitions raised questions about the liability of the State to reimburse fees for elementary and secondary education to children belonging to back...