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Bombay High Court Allows Petition of Retired Employee in Excess Payment Recovery Case — Recovery from Pension Without Hearing Violates Natural Justice. Recovery of Rs.1,35,513/- from pension quashed as no opportunity of hearing was given before ordering recovery.

The petitioner, Dattatraya s/o Kalu Patil, was appointed as Extension Officer Statistics by the respondent no.5 on 19.10.1994. He was granted higher p...

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Bombay High Court Dismisses Petition Challenging Home University Reservation in Technical Courses. Rules 9(3)(c), 9(3)(d) and 13 of Maharashtra Unaided Private Professional Educational Institutions Rules, 2017 held intra vires the Act and not violative of Articles 14, 19(1)(g), 21, 15(4) and 29(2).

The petitioners, eight students from various districts in Maharashtra, filed a writ petition challenging Rules 9(3)(c), 9(3)(d) and 13 of the Maharash...

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Bombay High Court Dismisses Appeal Against Municipal Corporation's Demolition Notice for Unauthorized Construction. Court holds that IOD does not confer immunity from action for illegal construction beyond sanctioned plans under MRTP Act, 1966.

The appellant, Parvez M. Yusuf, filed a suit challenging a notice issued by the Municipal Corporation of Greater Mumbai under Section 53(1) of the Mah...

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Bombay High Court Dismisses Suit for Declaration of Ownership and Injunction in Flat Dispute — Plaintiff Fails to Establish Title as Flat Was Allotted to Original Owner Under Development Agreement.

The plaintiff, Satish S. Paralkar, filed a suit in the Bombay High Court seeking a declaration that he is the owner of flat no. 12 on the 4th floor of...

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Bombay High Court Grants Interim Injunction in Copyright Dispute Over Films 'Karz' and 'Hero' — Plaintiffs' Rights Under Agreement Dated 20.9.2002 Protected Against Defendants' Claim Under Earlier Agreements for 16mm Video Rights.

The plaintiffs, Shemaroo Video Pvt. Ltd. and another, filed a suit seeking a declaration that the defendants, Movie Tee Vee Enterprises and others, ha...

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Bombay High Court Quashes Reassessment Notices and Assessment Order Against Charitable Trust for Amended Objects Clause. Primarily for Catholics Does Not Vitiate Charitable Purpose Under Section 2(15) of Income Tax Act, 1961.

The petitioner, Society of the Franciscan (Hospitaller) Sisters, is a public trust registered under the Bombay Public Trusts Act, 1950, conducting edu...

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Bombay High Court Allows Appeal in Partition Suit Due to Disputed Consent Terms. Consent Decree Set Aside as Court Failed to Verify Genuineness of Compromise Under Order XXIII Rule 3 CPC.

The appeal arises from a judgment of a learned Single Judge of the Bombay High Court dated 28 September 2012, which made absolute a motion for recordi...