Search Results for "landlord's discretion"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
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Search Results for "landlord's discretion"

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High Court

High Court of Bombay Upholds Rejection of Amendment to Written Statement in Eviction Suit; No Due Diligence Shown After Commencement of Trial. Tenant's Application to Add Waiver Plea Based on Municipal Tax Payments Fails Under Order 6 Rule 17 CPC as Knowledge of Tax Payments Existed Throughout.

20 Oct 2006

The matter arose from a suit for eviction and mesne profits filed by the landlord against the tenant in the Small Causes Court at Mumbai. The landlord...

High Court

Bombay High Court Dismisses Tenant's Petition in Rent Control Eviction Suit for Landlord's Bona Fide Need. Landlord's Title Under Will and Bona Fide Requirement for Advocate's Office Upheld Under Section 16(1)(g) of Maharashtra Rent Control Act, 1999.

23 Feb 2010

The petitioner, Manhar Auto Stores, a partnership concern, was a tenant in a shop premises owned by Dr. Hansrajbhai Shah, who executed a registered Wi...

High Court

High Court of Judicature at Bombay Quashes Order Refusing to Condon Delay in Filing Revision Against Eviction Decree; Allows Condonation Subject to Payment of Rs.1 Lakh Costs. The Court Held That Sufficient Cause Under Section 5 of the Limitation Act, 1963 Must Be Liberally Construed to Advance Substantial Justice, and Even If Explanation Was Initially Inadequate, the Superior Court Can Reassess Cause for Delay, Making Condonation Conditional on Compensation to the Opposite Party.

5 Oct 2017

The present writ petition was filed under Article 227 of the Constitution of India, challenging an order dated 1st December 2016 passed by the Appella...

High Court

Bombay High Court Dismisses Petition Challenging Appellate Court's Order Granting Temporary Injunction in Tenant Dispute. District Judge's Power to Reappreciate Evidence in Injunction Appeals Upheld Under Order 39 CPC.

12 Oct 2018

The petitioners, Abidbhai and Musabhai, filed a writ petition challenging the judgment and order dated 17th January 2014 passed by the District Judge,...

High Court

Bombay High Court Dismisses Landlord's Challenge to Amendment in Tenancy Declaratory Suit — Allows Impleadment of Legal Heirs and Alternative Plea Under Section 7(15)(d) of Maharashtra Rent Control Act. The Court held that the amendment did not introduce a new case and that the proposed defendants were necessary parties for effective adjudication of tenancy rights.

19 Jun 2024

The present Writ Petition was filed by the landlord (Petitioner No.1 - Club) challenging the order dated 1 August 2019 passed by the Court of Small Ca...

High Court

Bombay High Court Allows Revision in Public Premises Act Case — Prima Facie Satisfaction Sufficient for Eviction Notice. The Court held that the Estate Officer's satisfaction under Section 4(1) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 need only be prima facie based on material on record, and the appellate court cannot substitute its own findings at the notice stage.

10 May 2024

The case involves a civil revision application under Section 115 of the Code of Civil Procedure, 1908, filed by a government company (wholly owned by ...

High Court

Bombay High Court Allows Section 11 Applications to Appoint Arbitrator in LLP and Trust Dispute Over School Management Agreements. Court Holds That Arbitration Clause in School Management Services Agreement Binds Non-Signatory Trust Due to Interconnected Agreements.

23 Dec 2022

The judgment concerns two arbitration applications filed under Section 11 of the Arbitration and Conciliation Act, 1996, by Edufocus International Edu...

High Court

Bombay High Court Dismisses Winding-Up Petition for Unascertained Damages Claim — Lock-in Period License Fee Not a Debt Under Companies Act, 1956. Claim for balance license fee after premature vacation is a claim for damages requiring adjudication, not a debt due and payable under Sections 433 and 434 of the Companies Act, 1956.

28 Feb 2014

The petitioning-creditor, Indiabulls Properties Pvt. Ltd., filed a winding-up petition under Sections 433 and 434 of the Companies Act, 1956, against ...

Supreme Court

Supreme Court Sets Aside Eviction Decree in Landlord-Tenant Dispute: Admission in Unconnected Case Not Clear, Unambiguous, or Unequivocal Under Order XII Rule 6 CPC. Court Holds That a Statement Made in Cross-Examination in Another Case, Where the Tenant Admitted Tenancy Was in His Mother's Name, Does Not Constitute a Valid Admission for Summary Judgment Without Trial.

20 Sep 2024

The Supreme Court allowed the appeal against the judgment of the Calcutta High Court, which had decreed eviction of the appellants (tenants) from a pr...

High Court

Bombay High Court Dismisses Second Appeal in Lease Subletting Dispute — Subletting Without Consent Validly Terminates Lease Under Section 106 of Transfer of Property Act, 1882. Concurrent findings of fact regarding subletting and breach of lease upheld; no substantial question of law under Section 100 CPC.

14 Aug 2014

The case involves two suits: Regular Civil Suit No.657 of 1991 filed by the appellants (Anil Dhondu Shinde and Kishore Dhondu Shinde) against the orig...

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