Search Results for "Statutory Tenancy"

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Bombay High Court Considers Writ Petition Challenging Estate Officer’s Jurisdiction Under PP Act Against SARFAESI Possession. Asset Reconstruction Company Asserts SARFAESI Act Overrides PP Act, Requiring Landlord to Approach Debt Recovery Tribunal.

The writ petitioner, an Asset Reconstruction Company incorporated under the Companies Act, 1956 and registered under the SARFAESI Act, challenged the ...

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Bombay High Court Dismisses Petition Challenging Eviction of Tenant for Subletting and Unauthorised Assignment. Transfer of Property Act, 1882 Section 106 Notice Upheld as Valid.

The case involves a dispute over eviction of a tenant from premises in Mumbai. The original landlord, Mr. N.V. Baliga, owned a building at 257, Frere ...

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Bombay High Court Allows Appeal in Lease vs. Licence Dispute — Agreement Dated 1st March 1977 Held to Create Licence, Not Lease. Court Interprets Clauses of Agreement to Determine Intention of Parties, Finding No Transfer of Interest in Property.

The dispute in this second appeal arises from a suit filed by the appellant, Prakash Ganesh Lotlikar, against the respondent, Joel Avelino Noronha, se...

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Supreme Court Allows Landlord's Appeal in Rent Dispute Under Rajasthan Rent Control Act, 2001. Tenant's Unilateral Reduction of Agreed Rent Constitutes Default Justifying Eviction.

The appellant, Harbans Kaur, is the landlord of Shop No.3 and 4 in Plot No.362, which was let out to the respondent-tenant, Iqbal Singh, in August 199...

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Bombay High Court Quashes MHADA's 10-Year Transfer Ban on Rehab Tenements as Unconstitutional and Ultra Vires. Condition in NOC restricting sale/transfer of tenancy rights for ten years from occupation held to be without statutory authority and violative of Article 300A of the Constitution.

The Bombay High Court dealt with two writ petitions challenging a condition imposed by the Mumbai Building Repairs & Reconstruction Board (a unit of M...

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Bombay High Court Allows Writ Petition Challenging MRT Order Setting Aside SDO's Possession Order Under Section 120(c) of MTAL Act — MRT Exceeded Jurisdiction by Entertaining Revision Beyond Limitation and Allowing Amendment Without Notice.

The petitioner, a Public Trust registered under the Bombay Public Trust Act, owned agricultural land survey 209 admeasuring 35 acres at mouza Umarkhed...

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Bombay High Court Dismisses BPCL's Second Appeal in Eviction Suit Based on Lease Expiry. Court holds that under Section 111(a) of Transfer of Property Act, 1882, a lease determined by efflux of time does not require notice to quit, and the Burmah Shell Acquisition Act does not create a statutory tenancy.

The case involves a second appeal filed by Bharat Petroleum Corporation Ltd. (BPCL) against a decree of eviction passed by the trial court and confirm...

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Bombay High Court Dismisses Landlord's Petition in Tenancy Dispute Over Adoption Claim. Adoption of Petitioner Not Proved as Valid Under Hindu Law and Tenancy Act, Hence Tenant's Purchase Rights Upheld.

The petitioner, Kishanrao Aukale, filed a writ petition challenging the judgment of the Maharashtra Revenue Tribunal, Aurangabad, in Tenancy Case No.5...

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Bombay High Court Allows Appeal in Land Acquisition Compensation Case — Enhances Compensation Rate from Rs.10 to Rs.30 per sq m. Market value determined based on comparable sale instances and potential for non-agricultural use despite tenancy restrictions.

The appellant, Albert Fernandes, owned two parcels of land (3500 sq m and 2100 sq m) in Loutolim, Goa, which were acquired by the Special Land Acquisi...