Search Results for "summary eviction"

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Supreme Court

Recovery of Time-Barred Debts under the Haryana Public Moneys (Recovery of Dues) Act, 1979: Resolving Legal Ambiguities and Clarifying Recovery Mechanisms Navigating the Intersection of Statutes of Limitation and Debt Recovery in India

8 May 2024

Recovery of Time-Barred Debts under the Haryana Public Moneys (Recovery of Dues) Act, 1979: Appeals arising from judgments of the High Court of Punja...

Supreme Court

Supreme Court Dismisses Appeals in Land Tenancy Dispute, Upholding Protected Tenant's Ownership Rights. Oral Surrender of Protected Tenancy Rights Held Invalid Under Section 19 of Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950, and Occupancy Rights Granted in 1982 Annulled as Ownership Had Already Vested in Protected Tenant Under Section 38-E from 1973.

1 Oct 2021

The dispute concerned conflicting claims over agricultural land between the legal heirs of a purchaser and a protected tenant. The purchaser's predece...

Supreme Court

Supreme Court Allows Wife's Right to Reside in Matrimonial Home Under MHADA Scheme — Emphasizes Rehabilitation of Dishoused Occupiers. The Court held that the wife's right to residence is not absolute and must be balanced with the rights of co-owners and the terms of the redevelopment agreement under Section 95-A of the Maharashtra Housing and Area Development Act, 1976.

27 Apr 2020

The appellant, Aishwarya Atul Pusalkar, filed a writ petition before the Bombay High Court seeking enforcement of her right to reside in her matrimoni...

High Court

Bombay High Court Dismisses Petition Challenging Demolition of Shops in Municipal Council Pathri — Petitioners Failed to Establish Right Over Public Property. Unauthorized Construction on Municipal Land Without Permission Cannot Be Regularized Under Section 52 of Maharashtra Regional and Town Planning Act, 1966.

13 Mar 2020

The petitioners, 29 individuals, filed a writ petition challenging the demolition of their shops by the Municipal Council, Pathri, and seeking regular...

High Court

Bombay High Court Allows Landlord's Eviction Petition Under Bombay Tenancy and Agricultural Lands Act, 1948 — Tenant's Claim of Tenancy Rights Rejected as Landlord's Need for Personal Cultivation Established. The court held that the tenant's claim of purchase under Section 32 was barred by limitation and the landlord's bona fide need for personal cultivation under Section 31 was proved.

27 Jul 2017

The judgment concerns two writ petitions filed by Bharat and Abhay Kulkarni (brothers) against orders of the Maharashtra Revenue Tribunal (MRT) confir...

High Court

Bombay High Court Allows Petitions Challenging Maintainability of Revision Under MRC Act Against Orders Under Bombay Rent Act. Revision petitions under Section 44 of MRC Act, 1999 are not maintainable against orders under Section 13A2 of Bombay Rent Act, 1947 due to repeal and savings provisions in Sections 46 and 58 of MRC Act.

25 Jun 2015

The petitioners, Rameshchandra D. Padia and Chandaya B. Karkera, filed two writ petitions challenging a common order dated 24 February 2014 passed by ...

High Court

Bombay High Court Dismisses Appeal in Property Dispute Over Will Validity — Upholds Trial Court's Refusal to Appoint Receiver and Grant Injunction. Court Held That Disputed Questions of Fact Regarding Execution of Will Cannot Be Decided in Summary Proceedings Under Order 39 CPC.

30 Apr 2015

The case involves a property dispute among family members concerning the estate of the deceased, Girdharilal T. Bijlani. The appellants (original plai...

High Court

Bombay High Court Allows Tenant's Petition in Land Revenue Dispute — MRT Order Set Aside for Violation of Natural Justice. Protected Tenant's Status Not Disputed; Tribunal Failed to Consider Evidence and Passed Order Without Proper Application of Mind.

5 Jan 2011

The petitioner, Gangyya, a tenant, filed a writ petition under Article 227 of the Constitution of India challenging the order of the Maharashtra Reven...

High Court

Bombay High Court Dismisses Petitioners' Challenge to Mutation Entries in Land Revenue Records — No Substantial Question of Law Arises Under Article 227 of Constitution of India. Mutation entries are summary in nature and do not confer title; disputes regarding title must be resolved by a civil court.

30 Nov -0001

The judgment pertains to two writ petitions filed under Article 227 of the Constitution of India challenging mutation entries made in the revenue reco...

High Court

Bombay High Court Allows Second Appeals in Property Dispute, Remands for Fresh Consideration on Issue of Limitation and Adverse Possession. The court held that the lower appellate court failed to properly analyze evidence regarding the starting point of limitation under Article 65 of the Limitation Act, 1963, and the plea of adverse possession.

30 Nov -0001

The case involves a property dispute in Velim, Goa. The appellants (legal heirs of Egidio Joaquim Fernandes and others) filed a suit for possession of...

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