Search Results for "permanent lease"

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Search Results for "permanent lease"

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High Court

Bombay High Court Dismisses Petition Challenging Land Acquisition for Petroleum Pipeline — Public Interest in Infrastructure Project Outweighs Individual Hardship. Acquisition of land for laying a petroleum pipeline by Bharat Petroleum Corporation Ltd. is a public purpose under Section 4 of the Land Acquisition Act, 1894, and urgency clause under Section 17 was validly invoked.

7 Jul 2026

The petitioners, Dharampal Sharma, Vikram Auto Services, Abha Dharampal Sharma, and Dr. Vikram Dharampal Sharma, filed a writ petition under Article 2...

High Court

High Court of Karnataka Allows Appeal in Commercial Dispute Over Partnership Firm's Property — Sets Aside Trial Court's Decree for Lack of Proper Pleadings and Evidence. The Court held that a suit for declaration of title and injunction based on a partnership deed requires proof of partnership and compliance with Section 69 of the Indian Partnership Act, 1932.

9 Jun 2026

The appellant, Sri M.J. Pradeep Kumar, a partner of M/s Raghavendra Enterprises, filed a commercial appeal under Section 13(1A) of the Commercial Cour...

Supreme Court

Supreme Court Dismisses Appeals in Shamlat Deh Land Dispute — Amendment Protection Not Available Without Proof of Allotment to Displaced Person. Land recorded as Shamlat deh in revenue records cannot be excluded from definition under Section 2(g) of Punjab Village Common Lands (Regulation) Act, 1961 unless allotment on quasi-permanent basis to displaced person or transfer by sale before 09.07.1985 is established.

10 Jan 2025

The Supreme Court dismissed a batch of Special Leave Petitions challenging orders of eviction from lands claimed to be Shamlat deh under the Punjab Vi...

High Court

Bombay High Court Upholds Eviction of Tenant for Unauthorised Permanent Construction Under Maharashtra Rent Control Act. Tenant's temporary structure argument rejected as Appellate Court found MS angles, asbestos sheets, and polythene roof constituted permanent construction causing danger to building.

21 Oct 2024

The case involves a dispute between the respondent-landlord, Kadambagiri Estates Pvt. Ltd., and the petitioner-tenant, Mrs. Binaifer Batiwala, over ev...

High Court

Bombay High Court Quashes Resumption Order and Restores Sanad Holder's Rights in Land Grant Dispute — Lease in Perpetuity Not Extinguished by Expiry of Fifty-Year Revenue Period. The court held that the Sanad was a perpetual lease and that the Collector's order of resumption was based on a misinterpretation of the term of the lease.

25 Jul 2024

The dispute concerns a land bearing CTS No. 3762 at Nashik, granted to Ahmedsaheb Kadarsaheb Kokani under a Sanad dated 31st October 1920. The Sanad s...

Supreme Court

Supreme Court Allows Appeals in Specific Performance Suit — Agreement to Sell BDA Allotted Site Within Prohibited Period Held Unlawful. Court sets aside decree for specific performance as the agreement violated Rule 18(2) of the Bangalore Development Authority (Allotment of Sites) Rules, 1972, which prohibited alienation for ten years.

18 Jan 2022

The case involves a suit for specific performance of an agreement to sell a site allotted by the Bangalore Development Authority (BDA). The first defe...

Supreme Court

Supreme Court Allows Appeals in Uttar Pradesh Imposition of Ceiling on Land Holdings Act Case, Granting Independent Tenure Holder Status to Sub-lessees. Sub-lessees under a government lessee for agricultural purposes qualify as tenure holders under Sections 3(9) and 3(17) of the Act, rebutting the presumption under Section 5 Explanation II, and are exempt from lease deed transfer conditions due to agricultural use.

10 Jan 2022

The appeals arose from a common judgment of the High Court of Uttarakhand dismissing writ petitions filed by the appellants, who were sub-lessees unde...

High Court

Karnataka High Court Allows Appeal Against Dismissal of Injunction in Property Dispute — Prima Facie Case Established for Temporary Injunction. The court set aside the trial court's order and remanded for fresh consideration of the injunction application under Order 39 Rules 1 and 2 CPC.

4 Mar 2020

The appellant, M/s Lumbini Gardens Limited, filed a suit for permanent injunction to restrain the respondents (State of Karnataka and others) from unl...

High Court

High Court of Karnataka Allows Appeal Under Section 37(1)(b) of Arbitration and Conciliation Act, 1996 — Sets Aside Trial Court Order Dismissing Section 9 Application for Injunction. Court holds that existence of arbitration agreement and prima facie case for interim relief must be considered at the stage of Section 9 application, and the trial court erred in dismissing the application without considering the merits.

2 Aug 2017

The appellant, M/s Equestrain Centre for Excellence, filed an application under Section 9 of the Arbitration and Conciliation Act, 1996, seeking an in...

High Court

Bombay High Court Partly Allows Appeal in Lease Dispute, Reduces Mesne Profits Interest Rate. Court holds that interest on mesne profits should be at 6% per annum under Section 34 CPC, not 18% as awarded by trial court.

21 Mar 2017

The appellant, Bandekar Brothers Pvt. Ltd., challenged the judgment and decree dated 16.04.2009 passed in Special Civil Suit No.62/1996 by the trial c...

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