Search Results for "implied surrender"

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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...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "implied surrender"

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High Court

High Court of Judicature at Bombay Partly Allows Second Appeal in Redemption Suit — Mortgage Deed Held Conditional Sale; Tenancy of Mortgagee Revives for Originally Tenanted Portions. Defendant-mortgagee's tenancy rights over two rooms originally occupied as tenant revived upon redemption as there was no express surrender, following Supreme Court precedents; for the remaining two rooms, defendant could not claim tenancy as he had acted as owner.

9 Aug 2011

The dispute arose from a suit for redemption of a mortgage and possession of a building at Ahmednagar. The plaintiff, Subhash Zumbarlal Mutha, had pur...

High Court

Bombay High Court Dismisses Revision in Cheque Dishonour Case — Conviction Upheld. Presumption under Section 139 of Negotiable Instruments Act, 1881 not rebutted as accused failed to prove repayment of hand loan.

25 Apr 2023

The case involves a criminal revision application filed by the accused, Manoj Ghansham Birla, against his conviction under Section 138 of the Negotiab...

Supreme Court

Supreme Court Upholds Contempt for Breach of Undertaking in Civil Suit — Disobedience of Undertaking Not Erased by Subsequent Dismissal of Suit. The Court held that an undertaking given to a court is binding and its willful disobedience constitutes contempt under Order XXXIX Rule 2A of the Code of Civil Procedure, 1908, regardless of the outcome of the main suit.

5 Mar 2025

The case arises from a civil suit where the plaintiffs sought to revoke a Joint Development Agreement (JDA) dated 30th April 2004. During the pendency...

High Court

High Court of Bombay at Nagpur Dismisses Petition Challenging Cooperative Court Orders in Housing Society Dispute — Petitioner Failed to Comply with Loan Requirements, Forfeiture of Share Money Upheld. The court held that the society's requirement to submit income tax documents or deposit Rs. 6000/- was reasonable and the petitioner's failure to comply justified the forfeiture under the Maharashtra Cooperative Societies Act, 1960.

9 Jul 2018

The petitioner, Hirabai Verma, was a member of the MahaLaxmi Cooperative Housing Society (respondent no. 1). The society was formed to operate housing...

High Court

Bombay High Court Allows Second Appeal in Mortgage Redemption Case — Mortgage by Conditional Sale Held to Be a Mortgage, Not Sale, and Right to Redeem Subsists Despite Non-Payment of Rent. The court restored the trial court's decree for redemption and possession, rejecting the appellant's claim of tenancy under the Bombay Rent Act.

27 Jun 2018

The case involves a second appeal arising from a suit for redemption of mortgage and possession filed by the original respondent (Shankar Krishna Bhag...

Supreme Court

Agreement to Sell Not a Deemed Conveyance Without Transfer of Possession | Tenant’s Possession Not Sufficient | Supreme Court (2026 INSC 59)

15 Jan 2026

The Supreme Court allowed the civil appeal filed by Vayyaeti Srinivasarao and set aside the judgment of the High Court, which had affirmed the Trial C...

High Court

Bombay High Court Dismisses Writ Petition Against State's Allotment of Surplus Land Under ULC Act — Petitioner Failed to Establish Any Right After Repeal. Land vested in the State under Sections 8, 9, and 10 of the Urban Land (Ceiling and Regulation) Act, 1976, prior to its repeal, remains with the State and cannot revert merely because the Act was subsequently repealed.

27 Oct 2016

The matter before the Bombay High Court arose from a writ petition under Article 226 of the Constitution of India filed by Chhaganlal Khimji and Co. L...

High Court

High Court of Karnataka Quashes ESIC Compulsory Service Bond for MBBS Graduates — Bond Violates Right to Practice Profession Under Article 19(1)(g) and Lacks Statutory Backing. The court held that the bond requiring MBBS graduates to serve ESIC for 5 years is an unreasonable restriction without statutory authority.

14 Feb 2020

The petitioners, MBBS graduates who completed their PG or MBBS from ESIC Medical College, were directed by the ESIC Corporation to execute a bond for ...

High Court

Bombay High Court Dismisses Second Appeal in Lease Subletting Dispute — Subletting Without Consent Validly Terminates Lease Under Section 106 of Transfer of Property Act, 1882. Concurrent findings of fact regarding subletting and breach of lease upheld; no substantial question of law under Section 100 CPC.

14 Aug 2014

The case involves two suits: Regular Civil Suit No.657 of 1991 filed by the appellants (Anil Dhondu Shinde and Kishore Dhondu Shinde) against the orig...

High Court

Bombay High Court Allows Petition to Quash FIR in Cheque Dishonour Case Due to Non-Compliance with Section 138 of Negotiable Instruments Act, 1881 — Notice Not Served at Correct Address. The court held that proper service of demand notice is mandatory and failure to serve at correct address vitiates proceedings.

18 Sep 2025

The petitioner, Abid Shiraz Merchant, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court seeking quashi...

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