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Bombay High Court Upholds Injunction Against Bird Feeding from Balcony in Nuisance Dispute. Feeding birds from a metal tray attached to balcony window causing accumulation of bird droppings and feathers held to constitute nuisance, and injunction granted under Section 38 of Specific Relief Act, 1963.

The case involves an appeal against an order granting a temporary injunction restraining the appellants (original defendant nos. 1 and 2) from feeding...

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Bombay High Court Upholds Eviction of Tenant for Unauthorised Permanent Construction Under Maharashtra Rent Control Act. Tenant's temporary structure argument rejected as Appellate Court found MS angles, asbestos sheets, and polythene roof constituted permanent construction causing danger to building.

The case involves a dispute between the respondent-landlord, Kadambagiri Estates Pvt. Ltd., and the petitioner-tenant, Mrs. Binaifer Batiwala, over ev...

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Bombay High Court Quashes Regularisation of Unauthorised Construction on Public Drain by Thane Municipal Corporation Commissioner. Commissioner's Order Under MRTP Act and MMC Act Held Arbitrary and Ultra Vires as Construction Obstructed Water Course and Was Not for Genuine Access.

The case involves a writ petition filed by residents of Tarangan Housing Complex, Thane, challenging a regularisation order dated 05 February 2005 iss...

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High Court of Karnataka Considers Petition to Quash Charges of Murder and Cruelty Against Father; Allegations Made by Son of Pushing Mother from Balcony Examined

The petitioner, Devendra Bhatia, father of the de-facto complainant and husband of the deceased, filed a writ petition under Articles 226/227 of the C...

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Bombay High Court Hears Petition to Set Aside Arbitral Award in Redevelopment Dispute; Developer Challenges Directions to Amend Building Plans and Pay Compensation. Court's Decision Awaited.

The dispute pertained to redevelopment of a cooperative housing society's property. The respondent society, owner of a plot in Andheri, Mumbai, appoin...

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Bombay High Court Dismisses Tenant's Petition in Eviction Suit for Unauthorized Construction and Nuisance. Tenant's unauthorized permanent alterations and nuisance to other occupants justified eviction under Bombay Rent Act.

The case involves a landlord-tenant dispute where the landlord filed a suit for eviction of the tenant from the suit premises under Sections 12 and 13...

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Supreme Court Dismisses Landlords' Appeal in Rent Control Eviction Case Due to Insufficient Evidence of Danger to Tenanted Portions. Eviction Decrees Set Aside as Municipal Demolition Notice and Other Grounds Under Sections 15 and 16 of Maharashtra Rent Control Act, 1999 Were Not Satisfactorily Proven.

The dispute involved landlords appealing against a Bombay High Court judgment that invalidated eviction decrees against two tenants under the Maharash...

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Bombay High Court Dismisses Tenants' Revision Against Eviction Decree for Arrears of Rent, Damage, and Unauthorized Construction Under Bombay Rent Act, 1947. Doctrine of Relation Back Not Applicable as Amendment Was Not Allowed to Relate Back to Original Filing Date.

The case involves a civil revision application filed by tenants (Anil Joginder Sachdev and Rajeev Joginder Sachdev) against a decree of eviction passe...

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Bombay High Court Quashes Demolition Notice and Order by MCGM in Alleged Unauthorized Construction Case Finding Malafide Action. The Court held that the works were not in progress and the action under Section 354A of the Mumbai Municipal Corporation Act, 1888 constituted legal malice.

The petitioner, a film actor, purchased a bungalow in Bandra, Mumbai in 2017. In 2018, she carried out a structural audit and sought permission from t...

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Supreme Court Quashes Charges Against Hotel Managing Director and General Manager in Guest Fall Case — No Criminal Negligence Established. Vicarious Liability Not Attracted Under Sections 336/338 IPC and Section 4 COTPA Without Specific Allegations of Active Role.

The Supreme Court allowed the appeals filed by Shiv Kumar Jatia (accused No.2, Managing Director) and Aseem Kapoor (accused No.4, General Manager) aga...