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Supreme Court Dismisses Appeal Against Arbitral Award in Licence Agreement Dispute, Upholds Damages for Use and Occupation. Court holds that even if relationship is treated as tenancy, tenant is liable for rent/damages during closure period under Section 108 of Transfer of Property Act.

The dispute arose from two licence agreements dated 27.08.1990 between the appellants (M/s Arun Kumar Kamal Kumar & Ors.) and the respondents (M/s Sel...

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High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Agreement to Sell Not Proved as Genuine and Enforceable Due to Lack of Credible Evidence and Discrepancies in Pleadings.

The appellant, Harish, filed a suit for specific performance of an agreement to sell dated 05.12.2008 allegedly executed by the respondents in his fav...

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Bombay High Court Allows Possession Claim by Lessee in Company Liquidation — Official Liquidator Directed to Hand Over Property Subject to Lease. Leasehold Rights Survive Winding Up and Official Liquidator Must Respect Lessee's Right to Possession Under Section 456 of Companies Act, 1956.

The Provident Investment Company Ltd., a Government of Madhya Pradesh undertaking, filed an application seeking possession of leasehold land admeasuri...

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High Court of Judicature at Bombay Considers Challenge to Restoration of NOC Under Petroleum Act, 1934. Dispute Centers on Necessity of Valid Lease for Petroleum Storage After Expiry of Lease Term.

The petitioner, successor-in-interest to the original landlord of a property in Shrirampur, challenged the order of the Divisional Commissioner (Reven...

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Bombay High Court Dismisses Teacher's Suit Challenging Resignation as Coerced — Resignation Voluntarily Tendered and Validly Accepted Under MEPS Act, 1977.

The plaintiff, a teacher at defendant No.2 school run by defendant No.1, tendered his resignation on 25th August 1993. The Principal accepted it the n...

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Bombay High Court Dismisses Appeal in Partition Suit — Upholds Trial Court's Refusal to Amend Plaint After 14 Years. Amendment Sought to Introduce New Case of Fraud and Collusion Rejected as Barred by Limitation and Laches.

The appeal arose from a suit for partition and declaration filed by the appellant, Minakshi Mahendra Pitroda, against the respondents. The suit proper...

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Bombay High Court Allows Second Appeal in Mesne Profits Case — Reduces Rate from Rs.75 per day to Rs.100 per month. Court holds that mesne profits must be based on actual loss suffered by the landlord, not hypothetical profits from illegal use.

The case involves a second appeal by the defendant against the judgment of the lower appellate court which awarded mesne profits at the rate of Rs.75 ...

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Supreme Court Upholds Lessors' Right to Building Constructed by Lessee Under Land Lease. Covenant to Deliver Building at Lease End Held Not Protected by Bombay Rent Act as Demise Was Only of Land.

In a dispute arising from a 21-year lease of land, the lessors granted a parcel of land to the lessees at a monthly rent of Rs. 50, with the lessees u...