Search Results for "condition against eviction"

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Search Results for "condition against eviction"

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High Court

Bombay High Court Allows Amendment of Plaint After 30 Years in Property Suit — No Prejudice as Trial Not Commenced. Pre-Trial Amendment Permissible Under Order VI Rule 17 CPC Despite Delay, as No New Cause of Action Introduced.

11 Dec 2025

The present writ petition arises out of a civil suit filed in 1993 by the original plaintiffs, Smt. Bertha Carvalho and Shri Ross Carvalho, against th...

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...

High Court

Bombay High Court Dismisses Second Appeal in Possession Suit — Concurrent Findings of Fact Not Interfered With. Licensee Defendants Failed to Prove Independent Title; Suit for Possession Based on Title Maintainable Without Prior Revocation of License.

7 Jun 2023

The present second appeal was filed by the original defendants against the judgment and decree dated 16.04.2022 passed by the District Judge-1, Nagpur...

High Court

Bombay High Court Upholds Eviction and Damages Against Unauthorised Occupant Under Public Premises Act — Damages Reduced from Rs. 22,000 to Rs. 15,000 per Month. The Court held that the Estate Officer and Appellate Authority correctly found the petitioner to be an unauthorised occupant and that damages under Section 7 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 must be determined based on market rent, not contractual rent.

28 Feb 2017

The petitioner, Mrs. Rani Sevakram (since deceased, represented by her legal heirs), filed a writ petition under Article 227 of the Constitution of In...

High Court

Bombay High Court Dismisses Plaintiff's Suit for Specific Performance of Agreement/MoU and Deed of Assignment Due to Lack of Privity of Contract and Non-Compliance with Stamp Act. The court held that a third party cannot enforce a contract to which it is not a party, and that unregistered and insufficiently stamped documents cannot be admitted in evidence.

6 May 2016

The plaintiff, Excel Enterprises, a partnership firm, filed a suit seeking a declaration that there is a valid and binding Agreement/MoU dated 28th Se...

High Court

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.

8 Jan 2016

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

High Court

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.

8 Jan 2016

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

High Court

Bombay High Court Allows Tenant's Writ Petition Challenging Refusal to Issue Certificate of Purchase Under Bombay Tenancy Act. The Court held that the tenant's right to purchase land under Section 32G of the Bombay Tenancy and Agricultural Lands Act, 1948 is not barred by limitation despite delay in issuance of certificate, and the Mamlatdar's order was perverse.

4 May 2011

The petitioner, Mesaji S/o Laxman Ubare, was a tenant of agricultural land owned by the respondents. He claimed to have become a deemed purchaser of t...

High Court

Bombay High Court Modifies Interim Stay Condition in Eviction Appeal — Reduces Deposit Amount to Rs.1,000 per Month. The court, by consent, set aside the condition of depositing Rs.25,000 and directed the petitioner to deposit only Rs.1,000 per month from the date of eviction decree.

7 Jan 2010

The petitioner, Prayagbai Digambar Jawale, a peon in Zilla Parishad School, filed a writ petition in the Bombay High Court at Aurangabad challenging a...

High Court

Bombay High Court Dismisses Appeals by Hindustan Petroleum and Dealer in Eviction Suit — Lease Termination Valid Under Section 111(g) of Transfer of Property Act, 1882. Notice to Quit Properly Served and Not Waived by Acceptance of Rent.

6 May 2005

The case involves two appeals arising from a suit for eviction filed by Dilip Prabhakar Dingorkar (the owner/lessor) against M/s. Hindustan Petroleum ...

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