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Bombay High Court Dismisses Civil Revision Application in Rent Control Dispute — Lease Deed Not Required to Be Registered Under Section 107 of Transfer of Property Act, 1882 for Monthly Tenancy. Tenant's Possession Held to Be Lawful Under Agreement of Lease, Not Liable for Eviction.

The plaintiff, Mahendra Valji Rathod, filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging the judgm...

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Bombay High Court Considers Validity of Slum Rehabilitation Area Declaration Where No Show Cause Notice Was Issued. The Court Examines Whether Principles of Natural Justice Require Opportunity of Hearing Before Section 3C(1) Declaration Under Maharashtra Slum Areas Act, 1971.

This writ petition was filed in the Bombay High Court challenging the declaration of certain property as a Slum Rehabilitation Area under Section 3C(1...

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COMMERCIAL APPEAL NO. 371 OF 2019

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Bombay High Court Dismisses Suit for Possession of Tenanted Flat Due to Lack of Jurisdiction Under Section 33 of Maharashtra Rent Control Act, 1999. Dispute Between Siblings Over Possession of Flat Held Exclusively Triable by Small Causes Court, Not Civil Court.

The plaintiff, Arun Bhaskar Adarkar, a senior citizen of Indian origin residing in the USA, filed a suit in the Bombay High Court seeking possession o...

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Bombay High Court Allows Appeal Against Injunction in Property Dispute — Finds No Prima Facie Case for Restraining Construction on Non-Common Area. Court holds that disputed property was not part of common amenities and society failed to prove exclusive ownership over the suit land.

The case involves an appeal from an order granting temporary injunction in favor of the respondent, Kavita Coop Housing Society Ltd., restraining the ...

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High Court of Bombay Adjudicates Writ Petition Against MMRDA Regarding Levy of Additional Premium on Leasehold Land. Petitioner Assails Demand Notice as Contrary to Lease Agreement and Arbitrary.

The Writ Petition was instituted challenging the Demand Notice dated 9th September 2014 issued by Respondent No.1 – Mumbai Metropolitan Region Devel...

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Bombay High Court Dismisses Petition Challenging Demolition of Unauthorized Construction in Cooperative Society — Petitioners Failed to Establish Title or Authorization for Construction on Society Property.

The petitioners, residents and shop owners of Bandra Ashoka Cooperative Housing Society Ltd., filed a writ petition challenging the demolition of cert...

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Bombay High Court Allows Writ Petition Challenging Rejection of Deemed Conveyance Application Under MOFA — Holds That Competent Authority Cannot Reject Application on Grounds of Missing Documents After Issuing Notice, and That Lack of Occupation Certificate Is Not a Bar to Grant of Deemed Conveyance.

The petitioner, ALJ Residency Co-operative Housing Society Ltd., filed a writ petition under Article 227 of the Constitution of India challenging the ...