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Supreme Court Dismisses Appeal by Purchasers of Property in Bombay Rents Act Dispute Over Construction Loan. Court Holds That Claim for Recovery of Loan Advanced Under Section 18(3) of the Act Arises Out of Act, Vesting Exclusive Jurisdiction in Court of Small Causes Under Section 28.

The litigation arose from a dispute over a construction loan and the consequent failure to grant tenancy, which brought into question the jurisdiction...

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Supreme Court Upholds High Court's Ruling, Declares Compromise Decree for Eviction Nullity Under Rent Control Law. Eviction Decree Based on Compromise Violates Section 13(1) of Delhi and Ajmer Rent Control Act, 1952, as Court Did Not Record Satisfaction of Statutory Grounds.

This appeal by certificate arose from a suit for eviction filed by the predecessor-in-interest of the appellants against the respondent tenant under t...

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Court Upholds Executing Court's Decision, Rejects Jurisdictional Objections and Abuse of Process. Possession warrant stands as Appellate Bench's reversal deemed erroneous; Writ Petition allowed, reinforcing res judicata and legal precedents.

The Executing Court had issued a possession warrant on 19 April 2024, which Respondent No. 1 failed to challenge. Respondent No. 1's subsequent object...

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Bombay High Court Dismisses Challenge to Metro Fare Hike; Judicial Review Not Permitted Over Specialist Committee's Decision Under Metro Act. Fare Fixation Committee's Determination Based on Section 34 Prevails Over Contractual Fare Stipulations, Limited to Checking Arbitrariness or Perversity.

The writ petition challenged the Fare Fixation Committee's decision to increase Mumbai Metro fares from Rs.9-13 to Rs.10-110 from January 2015. The pe...

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Bombay High Court Dismisses Application for Recall/Review of Order Allowing Secured Creditor to Release Leasehold Rights. Applicant, an ex-director and guarantor, lacked locus standi as he was not a party to the original application and no fraud or mistake was established.

The judgment concerns an application filed by Mr Shashikant Pasari, an ex-director and guarantor of Rajan (Textile) Mills Pvt Ltd (in liquidation), se...

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Bombay High Court Considers Whether Small Causes Court Has Jurisdiction Over Encroachment Beyond Demised Premises Under Section 28 of Bombay Rent Act. Tenant Challenges Eviction Decree Arising from Alleged Permanent WC and Mezzanine Floor Without Landlord Consent.

The litigation arose from a landlord-tenant dispute over alleged unauthorized permanent additions and alterations in tenanted premises situated at Plo...

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Bombay High Court Quashes Industrial Tribunal Award in Wage Reference Due to Failure to Apply Settled Principles. The Court Remands the Proceedings for Fresh Adjudication, Holding That Both Region-cum-Industry and Parity Principles Were Not Properly Followed.

This judgment from the Bombay High Court concerns three writ petitions challenging an award of the Industrial Tribunal in a wage reference between Hin...

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Bombay High Court Dismisses Tenants' Revision in Eviction Suit Based on Bona Fide Requirement — Concurrent Findings of Courts Below Upheld. Subsequent Induction of New Tenant in Adjacent Shop Not Relevant as It Was Not Part of Suit Property.

The case involves a suit for eviction filed by the owners (plaintiffs) against the tenants (defendants) in respect of two shops, on the ground of bona...

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Bombay High Court Dismisses Revision Against Eviction Order Under Section 13A(2) of Bombay Rent Act — Licence Not Tenancy. Occupant Failed to Prove Tenancy; Landlord's Licence Claim Accepted.

The revision applicant, Vishnu Tayappa Kamble, challenged an order of the Competent Authority at Pune allowing Application No. 47 of 1996 under Sectio...