Search Results for "Presidency Small Cause Courts Act, 1882"

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Supreme Court Refers Issue of PP Act Overriding Rent Control Acts to Three-Judge Bench. Constitution Bench in Ashoka Marketing (1990) 4 SCC 406 held PP Act prevails; two-judge bench in Suhas H. Pophale (2014) 4 SCC 657 carved exceptions; conflict referred for determination.

The batch of civil appeals arose from eviction proceedings initiated by the Life Insurance Corporation of India under the Public Premises (Eviction of...

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Bombay High Court Dismisses Petition Challenging Refusal to Frame Preliminary Issue in Rent Act Proceedings. Maintainability of Application Under Section 13A(2) of Bombay Rents Act Involves Mixed Questions of Law and Fact and Cannot Be Decided as Preliminary Issue.

The case involves two writ petitions under Article 227 of the Constitution challenging an order dated 7th October 2004 passed by the competent authori...

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Bombay High Court Dismisses Appeal in Suit for Possession Against Daughter-in-Law — Jurisdiction of Civil Court Upheld Where Ownership is Disputed. Preliminary Issue Decided Against Gratuitous Licensee Defence Under Section 41 of Presidency Small Cause Courts Act, 1882.

The appeal arose from an order of a learned Single Judge dated 16 March 2012 deciding a preliminary issue of jurisdiction. The first appellant is the ...

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Bombay High Court Dismisses Petition Challenging Concurrent Orders in Suit Under Section 33 of Maharashtra Rent Control Act, 1999 — Petitioner Failed to Show Any Error in Findings of Courts Below.

The petitioner, M/s Columbia Hospital & Research Centre Pvt. Ltd., was the original defendant No.9 in a suit filed by respondent No.1, M/s Maharashtra...

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Supreme Court Dismisses Appeal in Criminal Complaint Case for Lack of Jurisdiction Under Section 195 CrPC. Private Complaint Not Maintainable for Offences Under Sections 191-192 IPC Committed in Judicial Proceedings.

The case arises from two criminal complaints filed by M/s Bandekar Brothers Pvt. Ltd. and another against Prasad Vassudev Keni and others under Sectio...

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High Court of Bombay Quashes Appellate Order Dismissing Eviction Suit, Holding Suit Not Barred by Limitation and Licensee Not Tenant, and Remands for Fresh Hearing. License Agreement Did Not Create Tenancy; Defendants Failed to Prove Protected Licensee Status Under Section 15A of Bombay Rent Act.

This writ petition under Articles 226 and 227 of the Constitution of India challenged the judgment and order dated 25.06.2003 passed by the Appellate ...

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Bombay High Court Allows Appeal in Rent Control Suit Against Gratuitous Licensee. City Civil Court Has Jurisdiction to Try Suit for Possession Against Licensee Under Bombay Rent Act, 1947.

The appeal arose from a judgment and order dated 30th March 1994 passed by the Additional Principal Judge, City Civil Court, Mumbai, holding that the ...

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Bombay High Court Allows Revision Application of Lessor in Rent Control Exclusion Case. Company That Lost Rent Control Protection Due to High Paid-Up Share Capital Cannot Regain It by Subsequent Reduction.

The case involves a dispute between M/s. Depe Global Shipping Agencies Pvt. Ltd. (Plaintiff/Lessor) and M/s. Mather and Platt (India) Ltd. (Defendant/...

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Bombay High Court Dismisses Tenant's Petition in Eviction Suit for Arrears of Rent — Slum Area Declaration Does Not Oust Jurisdiction of Small Causes Court Without Prior Permission Under Section 22 of Maharashtra Slum Areas Act.

The petitioner, Hari Dhondu Gurav, was a monthly tenant in a room in Clement D'Souza Chawl, Mumbai, owned by the respondent, Jhonney Augustine Gomes. ...