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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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Bombay High Court Dismisses Petition Challenging Recall of Fair Price Shop License Transfer. Transfer via Partnership Deed Held to be Indirect Method to Circumvent Government Policy Prohibiting Transfer on Will Deed.

The case pertains to a Fair Price Shop License (FPSL) originally held by Respondent No.5, Smt. Indubai Shankar Bhurewar. The Petitioner, Gulabsingh Go...

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Bombay High Court Quashes Suspension of Eating House License for Violation of Natural Justice. Licensee Not Present During Alleged Obscene Acts; Suspension Without Notice and Hearing Set Aside Under Bombay Police Act, 1951.

The petitioner, Ramarai Rammilan Rai, was a co-licensee of an eating house known as 'Missile Restaurant and Bar' in Goregaon, Mumbai, holding a licens...

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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.

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...

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Bombay High Court Quashes Stamp Duty Demand on BOT Concession Agreement — Agreement Not a Lease Under Maharashtra Stamps Act. Concession Agreement for Build, Operate and Transfer of Bridge Held Not to Create Leasehold Interest Under Section 2(n)(iii) of Maharashtra Stamps Act, 1958.

The petitioner, Abhijeet Ashoka Infra Structure Pvt. Limited, entered into a Concession Agreement with the State of Maharashtra on 16/11/1998 for cons...