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Mar 24 2008

Oberoi Constructions Private Limited a Company Registered Under the Co ...

Court : Mumbai

Decided on : Mar-24-2008

Subject : Environment

Acts : Aircrafts Act; Bombay Municipal Corporation Act 1888 - Sections 354A; Bombay Town Planning Act, 1954 - Sections 3(1), 4(1), 9 and 10(1); Cantonment Act, 1910; Code of Civil Procedure (CPC) - Order 5; Constitution (42nd Amendment) Act, 1976 - Sections 57; Constitution of India - Articles 14, 21, 48A, 51A, 141, 226, 227, 245, 246, 246(1), 300A and 372(1); Development Control Regulations, 1991;Evidence Act - Sections 114; Forest Act, 1865 - Sections 34A and 38; Forest Act, 1878; Forest Conservation Act, 1980; Government of India Act 1935; Greater Bombay Laws and the Bombay High Court (Declaration of Limits) Act, 1945; Indian Forest Act, 1927 - Sections 1, 2, 2A, 3 to 26, 34., 34A, 35, 35(1), 35(3), 35(4), 36, 36A, 36B, 36C, 37 and 38; Land Acquisition Act, 1894 - Sections 11A; Limitat

Reported in : 2008(3)ALLMR546; 2008(3)BomCR408; (2008)110BOMLR951

Advocate for Appellant : F.S.Nariman, Adv. and ;Aspi Chinoy, Sr. Adv., i/b., ;Mahimtura and Co. in Writ Petition No. 1957, 2196, 2937 of 2006, ;J.J.Bhatt, Sr. Adv., ;Anjali Chandurkar, Adv., i/b., ;Kanga and Co. in Writ Petit

S.C. Dharmadhikari, J.1. On 21st March, 2008, we observed world 'forest' day. On 23rd March, 2008 in Maharashtra we observed 'Tukaram Beej'. That is the day on which Saint Tukaram, a Seventeeth Century Poet, regarded by...

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Mar 26 2002

Indian Commercial Co. Ltd. Vs. Amrish Kilachand and ors.

Court : Mumbai

Decided on : Mar-26-2002

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 34; Presidency Small Cause Courts Act, 1882 - Sections 19

Reported in : AIR2002Bom391; 2002(3)ALLMR395; 2003(1)ARBLR10(Bom); 2002(4)BomCR635

Advocate for Appellant : Gautam Patel and ;Joral Shah, Advs., i/b., ;Tyabji Dayabhai, Adv.

ORDERS.A. Bobde, J.1. This Chamber Summons is taken out by Amrish Kilachand, defendant No. 1, who claims to have been in possession of the premises at Oriental House 7, Jamshedjee Tata Road, Churchgate, Mumbai-400 020. This...

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Jun 10 2011

Jamshed Kanga and Others Vs. the State of Maharashtra and ors

Court : Mumbai

Decided on : Jun-10-2011

Subject : Property

Acts : Maharashtra Regional Town Planning Act, 1966 - Sections 47, 37; Constitution of India - Articles 21, 19(1)(d), 48A

Advocate for Appellant : Mr. Vivek Menon; Mr. Gautam Patel; Mr. T. Jariwala; Thakore Jariwala, Advs.

1. By this petition, the petitioners challenge the order dated 9 July 2009 passed by the then Chief Minister Mr. Sushilkumar Shinde allowing an appeal under section 47 of the Maharashtra Regional Town Planning Act, 1966...

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Jan 19 1994

M/S. T.A. Darbar and Company and Others Vs. Union Bank of India

Court : Mumbai

Decided on : Jan-19-1994

Subject : BankingLimitation

Acts : Code of Civil Procedure (CPC), 1908 - Order 21, Rules 11(2), 17, 22, 43, 54 and 313; Indian Limitation Act, 1908 - Article 182

Reported in : AIR1994Bom217; (1994)96BOMLR32

Advocate for Appellant : K.S. Cooper, ;S.D. Nanavati Gautam ;Patel and ;D.H. Nanavati, Advs.

ORDERM. T. Pendse, J.1. The respondent bank instituted Suit No. 1747 of 1976 against the appellants on the original side of this Court for recovery of sum of Rs. 48,494.05 along with simple interest on the...

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Dec 12 1990

Bombay Environment Action Group and Another Vs. State of Maharashtra a ...

Court : Mumbai

Decided on : Dec-12-1990

Subject : Environment

Acts : Contitution of India - Article 226; Water (Prevention and Control of Pollution) Act, 1974; Air (Prevention and Control of Pollution) Act, 1981; Environment (Protection) Act, 1986 - Sections 3

Reported in : AIR1991Bom301; 1991(2)BomCR541; (1991)92BOMLR616

Advocate for Appellant : Atul Setalwad and ;F.H.J. Talyarkhan and ;Sham Divan, ;Gautam Patel and ;Rajan Jaykar, Advs. i/b. ;M/s. Jaykar & Co.

1. These two writ petitions seek to challenge the permissions granted by both the State and the Central Governments to the Bombay Suburban Electric Supply Company Limited (hereafter 'the Company') for establishing a 500 mega watt...

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Dec 15 1999

Capt. M.R. HussaIn and Another Vs. Intertek Testing Services India Ltd ...

Court : Mumbai

Decided on : Dec-15-1999

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 9; Code of Civl Procedure, 1908 - Order 39, Rules 1 & 2

Reported in : 2000(1)ALLMR596; 2000(2)BomCR473; (2000)1BOMLR855

Advocate for Appellant : Gautam Patel, Adv. i/b ;Hariani & Comapny

ORDERD.K. Deshmukh, J.1. This is a petition filed under section 9 of the Arbitration & Conciliation Act, 1996. It appears that by an agreement dated 6th August 1998, which is an agreement between the petitioners and...

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Apr 10 2003

Mrs. Ameeta Shah, Vs. State of Maharashtra Through the Principal Secre ...

Court : Mumbai

Decided on : Apr-10-2003

Subject : PropertyCivil

Acts : Maharashtra Regional and Town Planning Act, 1966 - Sections 31(1); Environment (Protection) Act, 1986 - Sections 5(3); Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976; Constitution of India - Article 226

Reported in : 2003(5)BomCR95

Advocate for Appellant : D.J. Khambata, ;Gautam Patel and ;A.S. Doctor, Advs., i/b., Gagrat & Co.

D.Y. Chandrachud, J.1. Rule, returnable forthwith. Learned Counsel for the Respondents waive service. By consent taken up for hearing and final disposal.The challenge:2. The Fishery Survey of India is in the process of constructing a building...

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Oct 19 1994

Bombay Environmental Action Group Vs. the Bombay Municipal Corporation ...

Court : Mumbai

Decided on : Oct-19-1994

Subject : Property

Acts : Bombay Municipal Corporation Act, 1888 - Sections 299(1) and 354 AA; Bombay (Greater) Development Control Rules, 1967 - Rule 10(2)

Reported in : 1995(2)BomCR233

Advocate for Appellant : Atul Setalved, N.H. Seervai, ;S.A. Diwan, ;Gautam Patel, Advs. and ;Gaurav Joshi, Adv., i/b., H.V. Jayekar & Co.

M.L. Pendse, J.1. The facts of this petition would disclose how respondents 2 and 3 colluded with the Bombay Municipal Corporation in flouting the Development Control Rules for Greater Bombay and attempting to put up a...

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Oct 17 2005

Joseph BaIn D'Souza and Ors. Vs. State of Maharashtra and Ors.

Court : Mumbai

Decided on : Oct-17-2005

Subject : CivilConstitution

Acts : Bombay Housing Board Act, 1948; Bombay Rent and Lodging House Rates Control Act, 1947; Bombay Building Repair and Reconstruction Board Act, 1969; Maharashtra Housing and Area Development Act, 1976 - Sections 2(25), 76, 82, 84, 88 and 92; Maharashtra Regional Town Planning Act, 1966 - Sections 22; Greater Mumbai Development Control Regulation - Regulations 32 33(5), 33(6), 33(7), 33(10) and 34; Constitution of India - Articles 21 and 226; Chattisgarh Niji Kshetra Vishwavidhyalaya (Sthapana Aur Viniyaman) Adhiniyam, 2002 - Sections 5 and 6

Reported in : 2005(6)BomCR543; (2005)107BOMLR565

Advocate for Appellant : Aspi Chinoy and ;N.H. Seervai, Sr. Advs., ;Gautam Patel and ;S. Jagtiani, Advs., i/b., Thakore Jariwala & Associates;V.A. Bobde, Sr. Adv., ;Dharam Sharma, Adv. for (Mumbai Bhadekaru Ekta Sangh),

D.Y. Chandrachud, J.I1. The issues which are raised before the Court by three citizens define for the present and will determine for posterity the quality of life for the residents of the island city of Mumbai....

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Aug 10 2012

Vithal Nagar Co-operative Housing Society Ltd. Vs. Divisional Joint Re ...

Court : Mumbai

Decided on : Aug-10-2012

Subject : Land Acquisition

1 Rule. Learned Counsel waive service on behalf of respective Respondents. By consent of the learned Counsel, rule is made returnable forthwith and the Petition is heard finally. 2 The Petition impugns an order-cum-show cause notice...

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