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Bombay High Court Dismisses Plaintiffs' Suit for License Fee and Compensation, Allows Defendant's Counter-Claim for Losses Due to Suppression of No Development Zone Status. Plaintiffs held liable for fraudulent misrepresentation regarding land use, entitling Defendant to damages for demolished tower.

The plaintiffs, owners of a larger property in Madh, Malad, Mumbai, entered into a leave and license agreement with the defendant, a telecom company, ...

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Bombay High Court Quashes Recovery Order Against Retired Teacher for Not Passing MSCIT Exam in Time. Recovery from retirement benefits set aside as petitioner had given undertaking but recovery was held impermissible under principles of natural justice and proportionality.

The petitioner, Smt. Shaheen Fatima Mohsin Ahmed, was appointed as an Assistant Teacher on 1st January 1986 and superannuated on 31st January 2024. Sh...

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Bombay High Court Allows Auction Purchasers' Petition in SARFAESI Act Case Due to Overriding Effect of Section 26E Over MVAT Act. Property Purchased in SARFAESI Auction Held Free from Prior Sales Tax Attachment Under Section 38C of MVAT Act.

The petitioners, Shailesh K. Bothra and Mukesh C. Karwa, were auction purchasers of a property sold by Cholamandalam Investment & Finance Co. Ltd. (pe...

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Bombay High Court Allows Writ Petition of Assistant Teachers Seeking Pay Upgradation Benefits from Date of Order. Zilla Parishad Teachers Entitled to Pay Revision from 02/12/2003 as Per Government Resolution.

The petitioners, four Assistant Teachers working in different Zilla Parishad schools in Chandrapur, filed a writ petition seeking the benefit of pay u...

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High Court of Karnataka Frames Points for Consideration in Regular First Appeal Against Dismissal of Recovery Suit in Construction Contract Dispute. Plaintiffs Claimed Excess Payment and Defective Work; Court's Final Order Not Available in Provided Text.

Background: The dispute concerned a construction contract for a residential house in Bangalore. The plaintiffs (appellants) were the owners who had en...

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Bombay High Court Allows Writ Petition of Agricultural Produce Market Committee Against Recovery Order. Recovery of Excess Payment Without Imposing Penalty Not Appealable Under Rule 104 of Maharashtra Agricultural Produce Marketing (Regulation) Rules, 1967.

The petitioner, the Agricultural Produce Market Committee, Hinganghat, challenged an order dated 10-12-2008 passed by the Divisional Joint Registrar, ...

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Bombay High Court Dismisses Bank's Revision Against Trial Court's Jurisdiction Ruling in SARFAESI Act Suit. Civil Court Has Jurisdiction to Entertain Suit for Permanent Injunction Against Re-auction of Mortgaged Property Despite SARFAESI Act Provisions.

The respondent, original plaintiff, filed Regular Civil Suit No.1756 of 2014 seeking a permanent injunction restraining the applicant bank from re-auc...

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Bombay High Court Dismisses Writ Petition by Employees of Private Unaided Educational Institutes Seeking Regularisation. Institutes Not 'Schools' Under Maharashtra Employees of Private Schools Act, 1977, Hence No Entitlement to Absorption.

The petitioners, numbering 41 individuals, were employees of two private unaided educational institutes: Adv. V. R. Manohar Institute of Diploma in Ph...