Search Results for "occupancy right"

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Deemed Conveyance under MOFA Cannot Be Set Aside Merely on Technical Objections When Developer Fails to Execute Conveyance – Bombay High Court

The dispute arose when a cooperative housing society sought deemed conveyance of the land and building from the developer who had failed to execute th...

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High Court of Karnataka Dismisses State's Appeal in Revenue Recovery Dispute Against Company in Liquidation. Priority of secured creditor's claim under Section 529A of Companies Act, 1956 upheld over State's statutory dues under Karnataka Land Revenue Act, 1964.

The case involves an appeal by the State of Karnataka and its officers against an order of the Company Judge dated 03.11.1998 in Company Application N...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Temporary Injunction in MOFA Conveyance Suit. Concurrent findings of trial court and appellate court that plaintiff failed to establish prima facie case for injunction upheld.

The petitioner, Sita Vihar Co-operative Housing Society Ltd., filed a writ petition challenging the concurrent rejection of its application for tempor...

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Supreme Court Directs Payment of Occupational Charges in Landlord-Tenant Dispute Pending Determination of Applicable Tenancy Law. The Court held that a tenant continuing in possession after forfeiture of lease is liable to pay mesne profits at market rate, not contractual rent, under Section 2(12) CPC.

The Supreme Court was hearing special leave petitions filed by a landlord challenging a judgment of the Calcutta High Court which held that the landlo...

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Bombay High Court Allows Second Appeal in Easementary Right Case — Finds First Appellate Court Failed to Consider Evidence Properly. Suit for declaration and injunction regarding right of way over defendant's land remanded for fresh consideration.

The case involves a dispute over an easementary right of way. The plaintiff, Shrawan Natthuji Bagul, claimed to be the owner of field S.No.27/3 (Gat N...

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Supreme Court Remands Compensation Claim in Khoti Abolition Matter for Determination of Proprietary Rights. Holder of Khoti Tenure Must Establish Grant or Sanad to Overcome Presumption of Government Ownership Over Forest and Waste Lands Under Bombay Khoti Abolition Act, 1949.

The dispute centered on the entitlement of the appellants, Shyamsunder Tikam Shet and another, to compensation under section 12 of the Bombay Khoti Ab...