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Bombay High Court Examines Challenge to Appellate Decree Declaring Deemed Tenancy Under Section 15A of Bombay Rent Act. The Dispute Centres on Whether a Conducting Agreement Dated 29 January 1972 Was a Camouflage for a Leave and Licence and Thus Protected Under Section 15A from 1 February 1973.

The litigation arose from a dispute over a ground floor shop premises in Jamshed Building, Jacob Circle, Mumbai. The original defendant was the lessee...

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Bombay High Court Allows Licensee's Challenge to Arrears Demand and License Lapse in Bombay Prohibition Act Case. Demand for License Fee Arrears for Period Prior to License Grant Held Unenforceable and License Cannot Lapse Without Notice.

The petitioner, Suresh Krishnaji Lakudkar, held a CLIII license under the Bombay Prohibition Act, 1949, for the sale of foreign liquor. In Writ Petiti...

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Bombay High Court Dismisses Revision Applications in Rent Control Dispute — Licence vs. Lease Determination Under Bombay Rent Act, 1947. Agreement for use of shop premises held to be a lease, not a licence, based on exclusive possession and intention of parties.

The case involves two Civil Revision Applications filed by Messrs Miscellenary Marketers Pvt. Ltd. (defendants) against Messrs SunNSand Pvt. Ltd. (pla...

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Supreme Court Dismisses Appeal in Petrol Pump Dealership Dispute Over Lease Validity. Lease deed contingent on future approval did not create a present lease as on application date under Section 105 of Transfer of Property Act, 1882, disqualifying applicant from marks under evaluation criteria.

The dispute arose from an advertisement published by Indian Oil Corporation Ltd. on 12.10.2011 inviting applications for petrol pump dealerships. The ...

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Bombay High Court Dismisses Revision Applications in Rent Control Dispute — Licence vs. Lease Determination. Court upholds findings that agreement was a lease under Transfer of Property Act, not a licence, and that tenant sublet premises without consent, violating Bombay Rent Act.

The case involves two Civil Revision Applications filed by Messrs Miscellenary Marketers Pvt. Ltd. (defendants) against Messrs SunNSand Pvt. Ltd. (pla...

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Bombay High Court Dismisses Appeals by NGOs Challenging Revocation of Allotment of Gymnasium Centres by MCGM — No Right to Continue in Possession After Expiry of Licence Period

The Appellants, two NGOs, were allotted Gymnasium Centres by the Municipal Corporation of Greater Mumbai (MCGM) on caretaker basis for fixed periods. ...

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Bombay High Court Dismisses Contractor's Suit for Specific Performance and Allows Society's Counterclaim for Damages in Construction Dispute. Agreement dated 13th March 1978 held valid but not specifically enforceable due to mutual breaches and failure to prove readiness and willingness.

The judgment concerns two cross-suits between M/s. Shanti Builders (a building contractor) and CIBA Industrial Workers' Co-op. Housing Society Ltd. (t...

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Bombay High Court Dismisses Petition Challenging LIC's Reduction in Gratuity Fund Policy Surrender Value. LIC's decision to pay 92.5% of cash accumulation upheld as consistent with policy terms and not arbitrary.

The petitioners, trustees of the Godrej & Boyce Manufacturing Company Limited Employees’ Gratuity Trust Fund, had taken out a group gratuity policy ...