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Gujarat High Court Allows Appeal of Trade Union Against Forcible Eviction from Municipal Premises Without Following Due Process. Licensee Cannot Be Evicted Without Notice Period Expiry and Proper Procedure Under Law.

The petitioner, Akhil Bharatiya Safai Kamdar Sangathan, is a registered trade union under the Indian Trade Unions Act, 1926, with registration No. G/S...

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Supreme Court Directs Payment of Occupational Charges in Landlord-Tenant Dispute Pending Determination of Applicable Tenancy Law. The Court held that a tenant continuing in possession after forfeiture of lease is liable to pay mesne profits at market rate, not contractual rent, under Section 2(12) CPC.

The Supreme Court was hearing special leave petitions filed by a landlord challenging a judgment of the Calcutta High Court which held that the landlo...

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Bombay High Court Upholds Eviction Order Under Section 95A of MHADA Act Against Non-Cooperative Members. Court Rules Mumbai Housing and Area Development Board Has Jurisdiction to Invoke Section 95A Under DCR 33(5) for Redevelopment of MHADA Layouts.

The writ petition challenged an order of summary eviction under Section 95A of the Maharashtra Housing and Area Development Act, 1976, directed agains...

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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 Quashes Eviction Order Against Daughter-in-Law Under Senior Citizens Act for Violation of Natural Justice. Maintenance Tribunal's Order Set Aside as Petitioners Were Not Given Adequate Opportunity to Be Heard Under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

The petitioners, Jyoti Pawar (daughter-in-law) and Ranjnabai Bhosale (mother of Jyoti), filed a writ petition challenging an order of the Maintenance ...

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Court Upholds Executing Court's Decision, Rejects Jurisdictional Objections and Abuse of Process. Possession warrant stands as Appellate Bench's reversal deemed erroneous; Writ Petition allowed, reinforcing res judicata and legal precedents.

The Executing Court had issued a possession warrant on 19 April 2024, which Respondent No. 1 failed to challenge. Respondent No. 1's subsequent object...

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Bombay High Court Adjudicates Civil Revision Application Against Plaint Rejection in MHADA Redevelopment Dispute. Tenants Challenge Jurisdiction of Small Causes Court Under Maharashtra Rent Control Act and MHADA Act.

The case involved multiple civil revision applications filed by tenants of Laxmi Building, Mumbai, before the High Court of Judicature at Bombay, chal...

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Bombay High Court Allows Revision Application in Eviction Suit — Sets Aside Appellate Decree for Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Provide Independent Reasoning Renders Appellate Judgment Illegal.

The present revision application arises from a civil suit for eviction. The respondents (plaintiffs) filed RCS No. 167 of 2008 seeking vacant possessi...