Search Results for "Greater Hardship"

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Supreme Court Refers Kerala's Challenge to Union's Borrowing Ceiling to Constitution Bench — Raises Substantial Questions on Interpretation of Article 293 and Federal Fiscal Powers. The Court declined interim relief pending reference, noting the mandatory nature of the injunction sought.

The State of Kerala instituted an original suit under Article 131 of the Constitution of India against the Union of India, challenging three actions: ...

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Bombay High Court Dismisses Application to Vacate Interim Injunction in Development Agreement Dispute. Plaintiff's Readiness and Willingness Not Shown to Be Lacking Due to Defendant's Own Conduct Under Order XXXIX Rule 4 CPC.

The Bombay High Court dismissed an application filed by defendant No.1A (Vivek Madhavlal Pittie) seeking vacation of an interim injunction granted on ...

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Supreme Court Reinstates Specific Performance Decree in Land Sale Agreement Dispute. Trial Court's Discretion to Enhance Sale Consideration Upheld as Plaintiff Demonstrated Readiness and Willingness Under Specific Relief Act, 1963.

The dispute arose from an agreement to sell dated 07.08.2005, where the defendants agreed to sell land to the plaintiff for Rs. 8,750 per cent, with a...

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Bombay High Court Dismisses Petition Challenging Rejection of Amendment Application in Eviction Suit — Amendment Sought at Fag End of Trial Held Not Permissible as It Would Change Nature of Defence and Cause Prejudice.

The dispute pertains to a suit for eviction filed by the original Plaintiff, Joanita Braganza, against the original Defendant, Stanislaus J.T. D'Souza...

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Bombay High Court Dismisses Landlord's Revision in Rent Suit — No Willful Default or Bona Fide Need Established. Landlord failed to prove willful default in payment of rent and bona fide need for personal use under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The applicant, Surgonda Kalgonda Patil, was the original plaintiff who filed a suit for possession of suit premises and recovery of arrears of rent ag...

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Bombay High Court Dismisses Society's Section 9 Petition for Possession and Injunction Against Developer in Redevelopment Dispute. Court Holds That Disputed Questions of Title and Possession Cannot Be Decided in Summary Proceedings Under Section 9 of the Arbitration and Conciliation Act, 1996.

The judgment concerns two competing petitions under Section 9 of the Arbitration and Conciliation Act, 1996, filed by Rajawadi Arunodaya Co-operative ...

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Supreme Court Allows Appeal in Rent Control Case: Ownership Dispute in Summary Proceedings Under U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. High Court Exceeded Jurisdiction Under Article 227 by Reappreciating Evidence on Ownership and Bonafide Need.

The appellant, Santosh Chaturvedi, filed a petition under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act,...

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Bombay High Court Hears Writ Petition Challenging Taxability of Interest Received on Enhanced Motor Accident Compensation. Petitioner Claims Interest is Capital Receipt and Not Taxable; Revenue Relies on Sections 56(2)(viii) and 145A(b) of Income Tax Act, 1961.

The petitioner, a 48-year-old man rendered paraplegic and bedridden since a road accident at age 8, filed a writ petition challenging the taxability o...

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Bombay High Court Allows Landlord's Writ Petition in Eviction Case Based on Bonafide Requirement. Eviction Ordered as Landlord's Portion Found Dilapidated with Municipal Notice, Bonafide Need and Greater Hardship Established Under Bombay Rent Act Provisions.

The dispute concerned a residential tenancy in Shaniwar Peth, Pune, where the tenant occupied five rooms admeasuring about 16 Khans and a bathroom on ...

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Bombay High Court Dismisses Tenant's Petition in Eviction Suit for Bonafide Requirement of Landlord. Concurrent Findings of Fact on Bonafide Requirement and Greater hardship Under Section 13(1)(g) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 Upheld.

The petitioner, original defendant, was a tenant in a shop owned by the respondents, original plaintiffs. The plaintiffs filed a suit for eviction on ...