Search Results for "gratuitous licensee"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "gratuitous licensee"

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High Court

Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Gratuitous Passenger in Goods Vehicle Not Covered by Insurance Policy. The court held that the insurer is not liable for death of a gratuitous passenger travelling in a goods vehicle, but the appeal was dismissed as the insurance company failed to prove breach of policy terms.

6 Jun 2017

The case involves an appeal by New India Assurance Company Ltd. against the judgment and order dated 27.09.1999 passed by the Motor Accident Claims Tr...

High Court

Bombay High Court Allows Eviction of Licensee in Leave and License Dispute — Licensee Cannot Claim Tenancy Rights After Expiry of Agreement. The court held that a licensee who continues in possession after expiry of leave and license agreement without renewal is a trespasser, and the Small Causes Court has jurisdiction to order eviction under Section 41 of the Presidency Small Cause Courts Act, 1882.

4 May 2011

The petitioner, Shashikant G. Mehta, was the defendant in a suit filed by the respondent, Soonoo Minoo Khajotia, seeking eviction from a garage. The p...

High Court

Bombay High Court Allows Appeal in Suit for Recovery of Business Premises — Conducting Agreement Not Proved as License; Relationship of Licensor-Licensee Not Established. The court held that the plaintiff failed to prove the conducting agreement and the defendant's possession was adverse, barring the suit by limitation.

19 May 2020

The appellants (original defendants) challenged the judgment and decree dated 20th March 2007 passed by the Bombay City Civil Court, which decreed the...

High Court

Bombay High Court Quashes Civil Court Decree for Ejectment as Exclusive Jurisdiction Vests in Competent Authority under Maharashtra Rent Control Act. Licensor-licensee dispute for residential premises governed by Section 24 of Maharashtra Rent Control Act, 1999, rendering civil suit void for lack of jurisdiction.

16 Apr 2025

The dispute arose from a licence agreement executed on 01/01/2009, by which the respondents’ predecessor inducted the petitioner as a licensee in re...

High Court

Bombay High Court Dismisses Landlord's Petitions in Leave and Licence Dispute, Upholds Finding of Tenancy. Agreement styled as 'conducting business' held to be a colourable document creating landlord-tenant relationship under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

12 Jun 2020

The dispute pertains to a suit property, a shed admeasuring 7 x 17 feet, owned by the respondent/landlord. The respondent claimed that by an agreement...

High Court

Bombay High Court Dismisses Petition Challenging Eviction Decree in License Dispute — Constituted Attorney's Lack of Personal Knowledge Does Not Invalidate Suit When Plaintiff's Ownership is Undisputed and Defendant Fails to Prove Tenancy.

12 Mar 2024

The dispute pertains to Room No.2 (2-A) admeasuring 290 sq.ft on CTS No. 185 situated at 1st Floor, Kumud Villa, 321, Vithalbhai Patel Road, Paper Mil...

High Court

Bombay High Court Dismisses Second Appeal in Possession Suit — Licensee Status Upheld. Brother-in-law held to be gratuitous licensee, not co-owner, as plaintiff proved self-acquisition of property under Transfer of Property Act, 1882.

22 Jan 2014

The case involves a dispute between Sujata Ashok Moon (plaintiff/respondent) and Rajendra Parasramji Moon (defendant/appellant) over possession of a t...

High Court

Bombay High Court Dismisses Appeal in Suit for Possession Against Daughter-in-Law — Jurisdiction of Civil Court Upheld Where Ownership is Disputed. Preliminary Issue Decided Against Gratuitous Licensee Defence Under Section 41 of Presidency Small Cause Courts Act, 1882.

18 Mar 2013

The appeal arose from an order of a learned Single Judge dated 16 March 2012 deciding a preliminary issue of jurisdiction. The first appellant is the ...

High Court

Bombay High Court Dismisses Second Appeal in Possession Suit Based on Will — Licensee Estopped from Denying Licensor's Title Under Section 116 of Indian Evidence Act, 1872. The court held that a licensee must surrender possession before challenging the licensor's title, and the Will dated 5.7.1991 was proved as a valid document of title.

4 Apr 2014

The case involves a dispute over possession of a suit property (Nazul plot No.18, Sheet No.7, admeasuring 235.09 sq. meters, with a double-storied bui...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award for Use and Occupation Charges Against Occupant in Arbitration Petition Under Section 34 of Arbitration and Conciliation Act, 1996. Licensee Continuing in Possession After Termination is Liable to Pay Compensation at Agreed Rate, and Award is Not Patently Illegal.

20 Oct 2012

The petitioner, Motabhai Paras Private Limited, was the original respondent in an arbitration proceeding initiated by the respondent, Western Paper & ...

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