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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...

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Supreme Court Dismisses Landlord's Appeal Against Composite Assessment Under Bombay Municipal Corporation Act, 1888. Primary Liability for Property Tax on Land and Building Rests on Landlord as Lessor Under Section 146(2).

The appellant, National & Grindlays Bank Ltd., owned a plot of land in the Malad area of Greater Bombay, which it had leased on a monthly basis. The l...

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High Court of Judicature at Bombay Upholds Rejection of Change of Use Application for Stilt Parking Area under MRTP Act. Court rules that use of stilt area in cinema building cannot be changed without prior permission from planning authority as per sanctioned plan.

The dispute pertained to a writ petition filed by the petitioners, who claimed tenancy rights over a 2520 sq. ft. area in the Ganga-Jamuna Cinemas bui...

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High Court of Karnataka Allows Petition Challenging Small Causes Court Jurisdiction in Eviction Suit Where Tenant Denies Landlord-Tenant Relationship. Denial of Jural Relationship Ousts Jurisdiction of Small Causes Court Under Section 8(1) of Karnataka Small Causes Courts Act, 1964.

The petitioner, Sri Pankaj L Kothari, was the sole defendant in a small causes case (S.C.1845/12) filed by the respondent, Sri T.K. Nagaraj, seeking e...

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Bombay High Court Considers GST Liability on Royalty Payments to Court Receiver in Commercial Property Dispute. The Court Examines Whether Payments to a Court Receiver Under Order XL CPC Constitute Taxable Supply Under the CGST Act, 2017 and Whether GST Should be Discharged via Reverse Charge Mechanism.

The Bombay High Court, in a Court Receiver's Report arising from a commercial suit for recovery of possession of three shops used as a restaurant, exa...

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Bombay High Court Disposes of Civil Revision Applications by Tenants in Eviction Proceeding Under Maharashtra Rent Control Act, 1999. Tenants Raised Issues of Non-Decision of Order 41 Rule 27 CPC Applications, Delayed Judgment, and Misinterpretation of Section 15 of the Rent Act.

The Bombay High Court heard two Civil Revision Applications filed by tenants Vasant Mahadeo Gujar and Smt. Khatija Ismail Panhalkar against the common...

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Bombay High Court Dismisses Second Appeals in Rent Control Cases, Upholds Appellate Court's Finding of No Tenancy. Landlord's Suit for Possession Fails as Tenant Proves Payment of Rent and Absence of Valid Termination Under Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The appellant, Radhyesham Ramkaran Choube, filed four second appeals (Second Appeal Nos. 4, 8, 11, and 16 of 2002) against a common judgment dated 10....