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Encroachment on B-Kharab Land: Key Judgment Every Property Owner Must Know.

The writ petitions were filed challenging action of BBMP alleging construction over a storm water drain and seeking protection from demolition –...

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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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Bombay High Court Determines True Interpretation of Common Plots Conveyance in Favor of Co-owner Societies. The expression 'tenants in common' in the conveyance indicates absolute co-ownership, not a lease, and MHADA retains no title.

The plaintiff, Vithalnagar Society Ltd, a co-operative housing society, filed an Originating Summons seeking determination of the true interpretation ...

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Bombay High Court Dismisses Writ Petition Challenging SRA Termination of Developer in Slum Rehabilitation Scheme. Developer Failed to Complete Project Within Stipulated Time and Did Not Comply with Development Agreement and SRA Conditions.

The Petitioner, Shailesh Mulchand Savla, sole proprietor of M/s. Kunal Builders & Developers, filed a Writ Petition challenging the termination of his...

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Bombay High Court Dismisses Petition Challenging Demolition of Illegal Construction on Gaothan Land — Upholds Municipal Action Under MRTP Act. Held that construction without valid permission is liable for demolition without prior notice.

The petitioners, Jamshid Kersi Dalal and others, filed a writ petition challenging the demolition of their building constructed on gaothan land in Pun...

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Supreme Court Quashes Municipal Corporation's Mandamus for Land Acquisition Due to Lapsed Reservation and Financial Incapacity. Reservation under Development Plan Lapsed Under Section 127 of MRTP Act, 1966, and Acquisition Not Mandated as Corporation Lacked Funds Under RFCTLARR Act, 2013.

The dispute involved a land reservation under the Kolhapur development plan sanctioned in 1999 for public purposes like parking and garden. The landow...

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Bombay High Court Upholds Conviction for Murder and Robbery Based on Circumstantial Evidence and Recovery of Stolen Ornaments. The court found that the chain of circumstances, including last seen evidence and recovery of stolen property, was sufficient to sustain conviction under Sections 302 and 397 IPC.

The appellant, Mohan Maroti Jadhav, was convicted by the Sessions Court, Yavatmal, for the murder of Zimibai by strangulation and robbery of her silve...

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Bombay High Court Allows Second Appeal in Specific Performance Suit — Agreement to Sell Not Proved as Plaintiff Failed to Examine Attesting Witnesses. Execution of Agreement Not Duly Proved Under Section 68 of the Evidence Act, 1872, as Attesting Witnesses Were Not Examined.

The case involves a suit for specific performance of an agreement to sell dated 01.06.2005 filed by the respondent-plaintiff (Ashish Jain) against the...

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Bombay High Court Acquits Four Accused in Murder Case Due to Lack of Motive and Inconsistent Evidence. Conviction under Sections 302, 201 r/w 34 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

The appellants, four individuals, were convicted by the Additional Sessions Judge, Ambajogai for the murder of Ram Baburao Masal under Section 302 IPC...