Search Results for "possession and rent arrears"

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Search Results for "possession and rent arrears"

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Supreme Court

Supreme Court Dismisses Tenants' Appeals in West Bengal Eviction Case — Limitation Act Not Applicable to Section 7(2) Application Under West Bengal Premises Tenancy Act, 1997. The Court held that the time limits under Section 7(2) are mandatory and only one extension of up to two months is permissible, and Section 5 of the Limitation Act, 1963 does not apply.

13 Aug 2019

The appeals arose from eviction petitions filed by the respondent-landlord against the appellants-tenants under the West Bengal Premises Tenancy Act, ...

Supreme Court

Supreme Court Allows Appeal of Resolution Professional in IBC Moratorium Dispute. Section 14(1)(d) of Insolvency and Bankruptcy Code, 2016 prohibits owner from recovering property occupied by corporate debtor during moratorium, even under joint development agreement.

19 Feb 2020

The appeal arose from a dispute concerning the interpretation of Section 14(1)(d) of the Insolvency and Bankruptcy Code, 2016 (IBC). The appellant, Ra...

Supreme Court

Supreme Court Upholds Ejectment of Tenant in Delhi Rent Control Act Case Due to Second Default and Limitation Bar on Standard Rent Claim. Proviso to Section 14(2) Delhi Rent Control Act, 1958 Mandatory, Precluding Second Benefit, and Tenant Cannot Circumvent Limitation Under Section 12 by Raising Standard Rent as Defense in Ejectment Proceedings.

15 Sep 1969

The dispute arose from a landlord-tenant relationship governed by the Delhi Rent Control Act, 1958. The appellant, Man Mohan Chawla, had been a tenant...

High Court

Bombay High Court Allows Petition in Rent Fixation Case — Interim Rent Order Set Aside as Section 8(4)(a) of Maharashtra Rent Control Act, 1999 Applies Only to Suits for Recovery of Rent, Not to Suits for Fixation of Standard Rent. The court held that the power to fix interim rent under Section 8(4)(a) is available only in a suit for recovery of rent, and not in a suit for fixation of standard rent under Section 8 of the Act.

2 Feb 2023

The respondent/landlord filed Regular Civil Suit No.290 of 2016 under Section 8 of the Maharashtra Rent Control Act, 1999 for fixation of standard ren...

High Court

Bombay High Court Hears Writ Petition Challenging Revisional Order Directing Execution Court to Follow Order 21 CPC for Judgment-Debtors' Objections to Consent Decree. The petition concerns execution of a consent eviction decree under the Maharashtra Rent Control Act, 1999, where the judgment-debtors claimed the decree was void due to non-joinder of the landlord.

21 Jul 2017

The petitioner, a monthly tenant of certain premises, sub-let the same to the respondent firm for running a school. Alleging unauthorized commercial u...

Supreme Court

Supreme Court Dismisses Landlord's Appeal in Rent Control and Municipal Demolition Case, Upholding Tenant's Statutory Protection and Damages Award. The Court affirmed that statutory protection under the Karnataka Rent Control Act, 1961 overrides municipal demolition powers under the Karnataka Municipal Corporations Act, 1976, and that the tenant's suit for damages was not barred under Order II Rule 2 of the Code of Civil Procedure, 1908.

14 Sep 2021

The dispute originated from the demolition of a rented building by the Bangalore City Corporation, leading to litigation between the tenant and the la...

High Court

Bombay High Court Upholds Eviction Order Under Public Premises Act but Reduces Damages — LIC vs NIC Dispute Over Flat Occupancy. The court held that the Appellate Authority's reduction of damages and stay on execution pending High Power Committee decision was justified, but eviction order was valid.

7 Oct 2023

The dispute involves two public sector undertakings: Life Insurance Corporation of India (LIC), the owner of a flat, and National Insurance Company Lt...

Supreme Court

Supreme Court Allows Financier's Appeal in Consumer Dispute Over Hire-Purchase Repossession — Held That Financier Is Not a 'Service Provider' Under Consumer Protection Act, 1986 for Repossession of Vehicle on Default. The court ruled that repossession of a vehicle under a hire-purchase agreement after default is a contractual right and not a deficiency in service.

1 Jan 2019

The appeal arose from a consumer dispute where the respondent, Rajesh Kumar Tiwari, had entered into a hire-purchase agreement with the appellant, M/s...

Supreme Court

Supreme Court Upholds High Court's Direction for Payment of Rent During Pendency of Eviction Appeals Under Madhya Pradesh Accommodation Control Act, 1961. The court interpreted Section 13 to allow appellate courts to impose conditions like payment of reasonable rent as a term for stay of eviction, especially when eviction is decreed on grounds other than rent default.

22 Feb 2022

The appeals involved common questions regarding the interpretation of Section 13 of the Madhya Pradesh Accommodation Control Act, 1961, in the context...

High Court

High Court of Bombay at Goa Allows Writ Petition Challenging Review Order of Appellate Board Under Rent Act — Appellate Board Has No Power to Review Its Own Judgment. Review of Eviction Order Under Section 32(4) of Goa Buildings (Lease, Rent and Eviction) Control Act, 1968 Set Aside as Without Jurisdiction.

1 Feb 2019

The case arises from a landlord-tenant dispute under the Goa Buildings (Lease, Rent and Eviction) Control Act, 1968. The respondent, Luis Sales de And...

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