Search Results for "Small Causes Court jurisdiction"

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Bombay High Court Dismisses Petition Challenging Rejection of Plaint Rejection Application in Suit for Possession and Mesne Profits. Court holds that plaint cannot be rejected under Order VII Rule 11(d) CPC when the suit is not barred by limitation and the claim for mesne profits is not time-barred.

The petitioner, M/s. Ramnarain Sons Pvt Ltd, filed a writ petition under Article 227 of the Constitution of India challenging two orders: (1) an order...

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Bombay High Court Dismisses Plaintiffs' Suit for License Fee and Compensation, Allows Defendant's Counter-Claim for Losses Due to Suppression of No Development Zone Status. Plaintiffs held liable for fraudulent misrepresentation regarding land use, entitling Defendant to damages for demolished tower.

The plaintiffs, owners of a larger property in Madh, Malad, Mumbai, entered into a leave and license agreement with the defendant, a telecom company, ...

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Landlord-Tenant Disputes: Insights from Bombay Rent Control Act Jurisprudence" "Exploring Eviction Grounds, Procedural Essentials, and Legal Precedents in Mumbai's Tenancy Landscape"

Landlord-tenant disputes under the Bombay Rent Control Act, focusing on key legal proceedings, court decisions, and jurisdictional issues. It highligh...

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Bombay High Court Dismisses Tenant's Revision in Rent Control Eviction Case — Irregular Deposit of Rent Under Section 15(3) of Maharashtra Rent Control Act, 1999 Does Not Bar Eviction. Tenant's failure to deposit rent regularly despite court order justified decree for possession.

The case involves a dispute between the landlord (respondent) and the tenant (applicant) over eviction from a flat in Mumbai. The landlord filed a sui...

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Bombay High Court Upholds Tenants' Right to Park in Building Compound as Part of Leasehold Rights — Injunction Granted Against Landlord's Interference. Parking rights held to be incidental to tenancy where rent includes parking charges and tenants have used open space from inception.

The appeal arises from a suit filed by Respondent Nos.1 to 10 (original Plaintiffs) seeking a permanent injunction against the Appellant, United India...

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Bombay High Court Dismisses Petition Challenging Refusal to Frame Preliminary Issue in Rent Act Proceedings. Maintainability of Application Under Section 13A(2) of Bombay Rents Act Involves Mixed Questions of Law and Fact and Cannot Be Decided as Preliminary Issue.

The case involves two writ petitions under Article 227 of the Constitution challenging an order dated 7th October 2004 passed by the competent authori...

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Bombay High Court Upholds Contempt Reference Against Defendants for Willful Disobedience of Court Orders in Small Causes Suit. Failure to Furnish Particulars Despite Repeated Directions Constitutes Civil Contempt Under Section 2(b) of the Contempt of Courts Act, 1971.

This case involves a reference made by the Small Causes Judge, Mumbai, to the Bombay High Court under Section 15 of the Contempt of Courts Act, 1971, ...

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Bombay High Court Dismisses Landlords' Petition Challenging Small Causes Court's Power to Grant Injunction in Landlord-Tenant Dispute. Small Causes Court Has Jurisdiction Under Section 26 of Provincial Small Causes Court Act, 1887 to Grant Temporary Injunction Even When Third Party Claims Tenancy.

The case involves a writ petition filed by the landlords, Subhash s/o Stnarayan Joshi and another, challenging orders of the Small Causes Court and th...