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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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Supreme Court Allows State's Appeal in Excise Duty Case — Licensee Liable for Duty on Liquor Destroyed in Fire. Absolute liability under Rule 7(11)(a) of UP Bottling of Foreign Liquor Rules, 1969 and Rules 708/709 of UP Excise Manual; act of God no defense.

The case arises from a fire incident on 10.04.2003 at the godown of the respondent company, a distillery licensee, which destroyed 35,642 cases of Ind...

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Supreme Court Acquits Accused in Kerala Forest Act Case Due to Lack of Evidence and Statutory Interpretation. Sandalwood Oil Not Classified as Forest Produce Under Section 2(f), and Prosecution Failed to Prove Illicit Removal from Reserve Forest as Required Under Section 27(1)(d).

The appeal arose from a criminal conviction under the Kerala Forest Act, 1961, involving the appellant, a partner in a firm manufacturing and trading ...

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Supreme Court Allows State Appeal in Land Acquisition Case for MRTS Project — High Court Direction for Alternate Site Quashed. Court holds that once acquisition is complete and possession taken, no direction for alternate site can be issued under Land Acquisition Act, 1894.

The case involves appeals by the State of Tamil Nadu against a common judgment of the Madras High Court directing allotment of alternate land to priva...

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High Court of Karnataka Dismisses Insurer's Petition Challenging MACT Order on Preliminary Issue in Motor Accident Claim. Subrogation Rights of Insurer Upheld Under Section 166 of Motor Vehicles Act, 1988.

The New India Assurance Company Limited, the insurer of the offending lorry (bearing no. NL 05 A 1062), filed a writ petition challenging an order dat...

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Bombay High Court Dismisses Developer's Petition Challenging Slum Rehabilitation Authority's Cancellation of Letter of Intent for Non-Compliance. Failure to Obtain Commencement Certificate Within Validity Period Results in Forfeiture of Rights Under Maharashtra Slum Areas (I.C.&R.) Act, 1971.

The petitioner, M/s. Morya Homes, a partnership firm registered under the Partnership Act, was issued a Letter of Intent (LOI) by the Slum Rehabilitat...

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Bombay High Court Allows Appeals of Tenants Against MHADA in Slum Rehabilitation Disputes — Held That Tenants in Possession Before Cut-Off Date Are Entitled to Rehabilitation Under Section 3(1) of Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971.

The judgment involves multiple appeals filed by tenants against the Maharashtra Housing Area Development Authority (MHADA) concerning slum rehabilitat...

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Bombay High Court Upholds Validity of Maharashtra Entry Tax Act — State Legislature Competent to Levy Entry Tax on Goods Imported from Outside State. Levy of Entry Tax Under Entry 52 List II Not Repugnant to Central Sales Tax Act and Is a Reasonable Restriction Under Article 304(b).

The judgment pertains to a batch of writ petitions challenging the constitutional validity of the Maharashtra Tax on Entry of Goods into Local Areas A...