Search Results for "Unauthorised occupation"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
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Search Results for "Unauthorised occupation"

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High Court

Bombay High Court Dismisses State Appeal Against Acquittal in MRTP Act Case — Notice Under Section 53(1) Must Be Served on the Person Actually Using the Premises, Not the Owner Alone.

15 Sep 2023

The State of Maharashtra appealed against the acquittal of Amit Surendra Mittal (respondent) under Section 53(1) of the Maharashtra Regional and Town ...

High Court

Bombay High Court Allows Appeal Against Remand Order in Rent Suit — Appellate Court Exceeded Jurisdiction Under Order 41 Rule 23 CPC by Remanding Without Setting Aside Findings on Jurisdictional Fact. The Appellate Court's direction to re-register the suit under ordinary civil jurisdiction was without authority as the trial court had decreed the suit under the Maharashtra Rent Control Act, which is within the exclusive jurisdiction of the Small Causes Court.

18 Aug 2023

The appellants, who were the original plaintiffs, filed Regular Civil Suit No.97 of 2007 before the Civil Judge, Junior Division, Kopargaon, seeking p...

Supreme Court

Supreme Court Upholds Ban on Apartmentalisation in Chandigarh Residential Plots to Preserve City's Original Character. Fragmentation of single dwelling units into multiple apartments violates Rule 16 of Chandigarh Estate Rules, 2007 and the Chandigarh Master Plan 2031.

10 Jan 2023

The case involves a Public Interest Litigation filed by the Chandigarh Citizens Forum (appellants) against the Chandigarh Administration and others, s...

Supreme Court

Supreme Court Allows Appeal in Civil Suit for Recovery of Possession - Sets Aside Summary Judgment and Decree for Eviction. The Court held that the plaint did not disclose a valid cause of action as it was based on ambiguous lease expiry and future events, making summary judgment under Order XII Rule 6 of the Code of Civil Procedure, 1908 improper.

22 Sep 2022

The appeal arose from a civil suit for recovery of possession of a plot of land in Delhi. The appellant, Hindustan Petroleum Corporation Ltd., operate...

High Court

Bombay High Court Allows Appeal by Cooperative Society Against Injunction in Suit for Declaration and Injunction Regarding Corporation Notice Under MMC Act — Held That Trial Court Failed to Consider Prima Facie Case and Balance of Convenience.

21 Apr 2022

The appellant, Jaywant Industrial Premises Co-Operative Society Ltd., was a defendant in L.C. Suit No.825 of 2019 filed by the respondent, Sangeeta Ke...

High Court

High Court of Karnataka Upholds Land Grabbing Special Court Order in Land Dispute Case — Petitioner's Claim Dismissed for Lack of Evidence. The court held that the Special Court's finding of land grabbing by the petitioner was based on proper appreciation of evidence and did not warrant interference under Articles 226 and 227 of the Constitution.

26 Nov 2019

The petitioner, Smt. Sunitha, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the judgment dated 15.04.2019 ...

High Court

Bombay High Court Dismisses Revision Against Eviction Decree in Tenant Suit — Concurrent Findings of Subletting and Unauthorised Construction Upheld. Landlord's Suit for Possession Under Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 Succeeded as Tenant's Legal Heirs Failed to Prove Lawful Succession and Committed Acts of Subletting and Structural Alteration Without Consent.

12 Jul 2019

The case arises from a civil revision application filed by the original defendants (legal heirs of the deceased tenant) against the concurrent judgmen...

High Court

Bombay High Court Dismisses Appeal by Trustees in Trespass Suit Against Occupant Claiming Deemed Tenancy Under Maharashtra Rent Control Act, 1999. The court upheld the trial court's finding that the occupant was not a trespasser but a deemed tenant under Section 5(4)(c) of the Maharashtra Rent Control Act, 1999 due to long possession and acceptance of rent.

3 Dec 2018

The appellants, trustees of Bai Bhichaiji H. Bennett Trust, filed a suit for declaration that the respondent was a trespasser in Flat No.E4 and for po...

High Court

Bombay High Court Dismisses Petitions Seeking Protection as Slum Occupiers Against Railway Eviction — Slum Act Does Not Apply to Central Government Premises Under Article 285(1) of Constitution. The court held that the Maharashtra Slum Act cannot override the Public Premises Act in respect of Railway property, and petitioners cannot claim protected occupier status.

23 Jan 2017

The judgment concerns two writ petitions and several interlocutory applications filed by occupants of Railway land in Mumbai. The petitioners in Writ ...

High Court

Bombay High Court Allows Second Appeal in Railway Licence Plot Dispute — Courts Below Failed to Consider Admission Under Order VIII CPC. Refund of Rs.50,050 with 18% Interest Upheld as Railway's Admission of Receipt Not Denied.

21 Feb 2014

The original plaintiff, Bhika s/o Antu Kale, a retired Railway servant, filed Regular Civil Suit No.996 of 1987 against the Railways for possession an...

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