Search Results for "condition against eviction"

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Search Results for "condition against eviction"

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High Court

Bombay High Court Allows Appeal Against Interim Payment Order in License Fee Dispute — Sets Aside Direction to Pay Rs. 37.61 Lakhs Per Month Pending Trial. Court Holds That Order Under Order XXXIX Rule 10 CPC for Interim Payment Requires Admission of Liability or Undisputed Amounts, Not Determination of Disputed Claims.

1 Nov 2023

The Appellant, Kavis Fashions Private Limited, challenged an order dated 4 January 2021 passed by the Joint Civil Judge Senior Division, Thane, allowi...

High Court

Bombay High Court Grants Probate of Will Executed on Same Day as Testatrix's Death, Upholding Its Validity Despite Challenge by Legal Heir. The court held that the execution of the Will was duly proved by attesting witnesses and the suspicious circumstances were dispelled.

7 Sep 2023

The plaintiff, Pravin Laxmidas Tanna, filed a suit seeking probate of the last Will and Testament dated 15.01.2004 of Savita Hiralal Bhindora, who exp...

Supreme Court

Supreme Court Allows Appeal in Conditional Sale Dispute — Holds That Transaction Was a Sale with Condition of Repurchase, Not a Mortgage. The Court restored the Trial Court's decree dismissing the suit for specific performance, finding that the conditional sale deed dated 5.8.1977 was an out-and-out sale with a condition of repurchase, and the suit filed in 1983 was premature as the condition could only be exercised by July 1984.

4 Jul 2023

The case involves a dispute over a property in Patna. Kishori Lal Sahu, the original owner, along with his son, executed a conditional sale deed dated...

Supreme Court

Supreme Court Quashes High Court Order Allowing Tenant to Remove Wall in Dilapidated Building Under Mumbai Municipal Corporation Act, 1888. The High Court Erred in Exercising Writ Jurisdiction Under Article 226 of the Constitution to Adjudicate Disputed Technical Reports on Building Safety, Overriding Municipal Authority Decisions.

20 Jul 2021

The appeal arose from a judgment of the Bombay High Court dated 24.11.2020, which disposed of a writ petition filed by a tenant (Respondent No.1) agai...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Application to Recall Witness and File Additional Documents in Eviction Suit. Order under Order 18 Rule 17 CPC is discretionary and cannot be used to fill gaps in evidence after closure of plaintiff's evidence.

24 Mar 2021

The petitioner, Pandharinath L. Bhandari, filed a writ petition challenging the order dated 12 July 2018 passed by the Small Causes Court at Bandra, M...

Supreme Court

Supreme Court Dismisses Appeal by Power Generator Against Termination of PPA — Holds That Failure to Secure Fuel Supply Agreement Does Not Justify Termination Where PPA Does Not Condition Power Supply on Specific Coal Source

2 Jul 2019

The case involves a dispute between M/s Adani Power (Mundra) Ltd. (appellant) and Gujarat Electricity Regulatory Commission and others (respondents), ...

High Court

Bombay High Court Dismisses Petitions Challenging Clause 4(5) of Government Resolution Denying Identity Cards to Loft Occupants in Slum Rehabilitation Scheme. The Court Held That the Classification Between Ground Floor and Loft Occupants Is Reasonable and Not Ultra Vires the Maharashtra Slum Areas Act, 1971.

13 Jun 2018

The petitioners, Pameshkumar Nandnlal Sahu, Surendra Budhiram Patel (Verma), and Phulchand Jaitul Nishad, filed writ petitions challenging clause 4(5)...

High Court

High Court of Karnataka Dismisses Tenant's Appeal in Possession Suit — Sub-Lease Without Consent Validates Eviction. Tenant's unauthorized sub-lease of suit premises to third parties constitutes ground for eviction under Section 108(h) of Transfer of Property Act, 1882, and landlord entitled to possession and mesne profits.

9 Oct 2015

The plaintiff, Mohammad Ali, filed a suit for recovery of possession and arrears of rent against the first defendant, Surendra Darappa Shetty, and two...

High Court

Bombay High Court Allows Landlord's Petition in Rent Control Case — Nuisance and Bona Fide Need Established Under Bombay Rent Act. Tenant's Conduct of Using Premises for Anti-Social Activities Constitutes Nuisance Under Section 13(1)(c) and Landlord's Need for Additional Accommodation for Son's Business is Bona Fide Under Section 13(1)(g).

26 Mar 2015

The petitioner, Govind Laxman Mankar (since deceased, represented by legal representatives), was the landlord of a property located at Ward No.1, City...

High Court

Bombay High Court Allows Revision in Rent Control Case — Tenant's Eviction Set Aside Due to Lack of Proper Notice Under Section 12(3) of the Bombay Rent Act. Landlord failed to prove valid termination of tenancy as notice under Section 12(3) was not served in accordance with law.

7 Oct 2010

The case arises from a civil revision application filed by the original defendant, Subhash Sambhashiv Bona Pawar, challenging the judgment and order d...

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