Search Results for "Presidency Small Causes Court Act"

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Search Results for "Presidency Small Causes Court Act"

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High Court

Bombay High Court Dismisses Petition Challenging Rejection of Plaint Rejection Application in Suit for Possession and Mesne Profits. Court holds that plaint cannot be rejected under Order VII Rule 11(d) CPC when the suit is not barred by limitation and the claim for mesne profits is not time-barred.

31 Dec 2025

The petitioner, M/s. Ramnarain Sons Pvt Ltd, filed a writ petition under Article 227 of the Constitution of India challenging two orders: (1) an order...

High Court

Bombay High Court Dismisses Plaintiffs' Suit for License Fee and Compensation, Allows Defendant's Counter-Claim for Losses Due to Suppression of No Development Zone Status. Plaintiffs held liable for fraudulent misrepresentation regarding land use, entitling Defendant to damages for demolished tower.

22 Jul 2024

The plaintiffs, owners of a larger property in Madh, Malad, Mumbai, entered into a leave and license agreement with the defendant, a telecom company, ...

High Court

Bombay High Court Dismisses Petition to Prevent Proforma Defendants from Leading Evidence in Eviction Suit — Interest Not Adverse Does Not Bar Evidence. The court held that the right to lead evidence is not dependent on the nature of interest but on the court's discretion and the necessity for just adjudication under the Presidency Small Causes Courts Act, 1882.

10 May 2024

The petition challenges an order of the Small Causes Court at Mumbai rejecting the plaintiffs' application to prevent certain defendants (Defendant No...

High Court

Bombay High Court Allows Appointment of Arbitrator in Leave and License Agreement Dispute Under Section 11 of Arbitration and Conciliation Act, 1996. Court Holds That Existence of Arbitration Clause and Disputes Justify Appointment, Leaving Issues of Limitation and Validity to Arbitrator.

5 May 2022

The applicant, Bafna Motors Private Limited, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment o...

High Court

Bombay High Court Allows Writ Petition Challenging Stay of Eviction Suit Under Section 10 CPC — Jurisdictional Difference Between Small Causes Court and Civil Court Precludes Stay. The Court held that a suit for eviction under the Provincial Small Cause Courts Act, 1887 and Maharashtra Rent Control Act cannot be stayed under Section 10 CPC pending a prior declaratory suit before a Civil Court under Section 9 CPC, as the matters in issue are not directly and substantially the same.

5 Aug 2020

The petitioner, Rahul Subhash Bothra, filed Regular Civil Suit No. 41 of 2015 before the Civil Judge Junior Division, Ghodnadi, Shirur, Pune, seeking ...

High Court

Bombay High Court Dismisses Petition Challenging Refusal of Interim Relief in Eviction Suit Under Maharashtra Rent Control Act. Licensee Cannot Claim Protection of Rent Control Legislation After Termination of License.

13 Sep 2012

The petitioners, Skygourmet Catering Private Limited and WAH Restaurants Private Limited (formerly Mars Restaurants Private Limited), filed a writ pet...

High Court

Bombay High Court Dismisses Landlord's Writ Petition Challenging Small Causes Court's Jurisdiction in Rent Control Exemption Case. Section 41 of Presidency Small Cause Courts Act, 1882 Confers Jurisdiction Over Landlord-Tenant Suits Irrespective of Applicability of Maharashtra Rent Control Act, 1999.

21 Oct 2011

The Petitioner, Depe Global Shipping Agencies Pvt. Ltd., is the landlord, and the Respondent, MPIL Corporation Ltd., is the tenant in respect of suit ...

High Court

Bombay High Court Holds That Court Has Jurisdiction to Entertain Suit for Renewal of Lease Based on Cause of Action Arising Within Its Territorial Limits. The court found that the suit property is situated in Mumbai, the lease deed was executed in Mumbai, the renewal was to be performed in Mumbai, and the defendants carry on business in Mumbai, thus the court has jurisdiction.

22 Nov 2010

The plaintiff, BPM Industries Limited, filed a suit on 27 August 1999 seeking a declaration that the Indenture of Lease dated 6 May 1949 in respect of...

High Court

Bombay High Court Allows Landlord's Petition Challenging City Civil Court's Jurisdiction in Landlord-Tenant Dispute Over Open Land. Exclusive Jurisdiction of Small Causes Court Under Section 41 of Presidency Small Cause Courts Act, 1882, Prevails Over Rent Control Act Applicability.

6 Jun 2006

The dispute originated from a declaratory suit filed by the First Respondent (tenant) against the Petitioner (landlord) in the Court of Small Causes a...

High Court

Bombay High Court Dismisses Tenants' Writ Petition Challenging Eviction Decree for Subletting and Nuisance. Concurrent findings of fact by lower courts under Bombay Rent Act upheld as not perverse.

30 Nov -0001

The petitioners, Chellaram Jethanand Madhrani and Purushottam Jethanand Madhrani, were tenants of a premises owned by the respondent, Maruti Raghunath...

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