Search Results for "landlord's claim"

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Search Results for "landlord's claim"

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High Court

Madras High Court Dismisses Tenant's Revision in Eviction Case for Willful Default and Additional Accommodation Under Tamil Nadu Act, 2017. Concurrent findings of Rent Court and Appellate Court upheld as tenant failed to prove payment of rent and landlords' need for additional accommodation was bona fide.

9 Jan 2025

The revision petition was filed by the tenant, Mrs. Palkani, challenging the concurrent orders of eviction passed by the Rent Court (XII Small Causes ...

High Court

Bombay High Court Dismisses Revision Against Eviction Decree in Rent Control Case — Confirms Findings on Default, Subletting, and Bonafide Requirement. Tenants Failed to Comply with Section 15(3) of Maharashtra Rent Control Act, 1999 and Unlawfully Sublet Premises.

20 Dec 2024

The case involves a civil revision application under Section 115 of the Code of Civil Procedure, 1908, filed by the original defendants (tenants) chal...

Supreme Court

Supreme Court Appoints Arbitrator in International Commercial Arbitration Involving Sub-Lease Dispute — Holds That Lease Disputes Under Transfer of Property Act Are Arbitrable. The Court ruled that disputes arising from a sub-lease deed governed by the Transfer of Property Act, 1882 are arbitrable, and since the petitioner is a foreign national, the Supreme Court has jurisdiction to appoint an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996.

18 Dec 2020

The petitioner, Suresh Shah, a Kenyan national and habitual resident of Nairobi, Kenya, filed a petition under Section 11(5) of the Arbitration and Co...

Supreme Court

Supreme Court Dismisses Appeal by Landowners, Upholds Tenant Status Based on Oral Evidence Rebutting Revenue Record Presumption. The Court held that the presumption of truth under Section 45 of the Himachal Pradesh Land Revenue Act, 1954 was rebutted by consistent oral testimony of the defendant and witnesses establishing a landlord-tenant relationship through payment of galla batai for over 12 years.

1 Jan 2020

The case involves a dispute between the plaintiffs (original owners of land) and the defendant (Shiv Ram) over the nature of the defendant's possessio...

High Court

High Court of Karnataka Upholds Landlord's Liability for Worker's Death Under Employees' Compensation Act, 1923 — Attack by Strangers at Construction Site Constitutes 'Accident' Arising Out of Employment. The court held that the death of a construction worker due to an attack by unknown strangers at the construction site is an accident arising out of and in the course of employment under Section 3 of the Employees' Compensation Act, 1923, making the landlord liable for compensation.

26 Jul 2019

The case involves a writ petition filed by Somu, the landlord of a construction site, challenging an order dated 13.05.2015 passed by the IX Additiona...

High Court

Bombay High Court Quashes Demolition Notice Under Section 354 of MMC Act for Violation of Natural Justice — Notice Issued Without Prior Hearing and Without Proper Application of Mind. The court held that a demolition notice under Section 354 of the Mumbai Municipal Corporation Act, 1888, must be preceded by a proper inquiry and an opportunity of hearing to the affected persons.

9 Jul 2019

The petitioners, residents of SmitDeep Apartment in Mumbai, challenged a notice dated 28 September 2015 issued under Section 354 of the Mumbai Municip...

High Court

Bombay High Court Dismisses Petition Challenging Section 7(15)(d) of Maharashtra Rent Control Act, 1999 as Repugnant to Hindu Succession Act, 1956. The court held that the rent control provision protecting a family member residing with the tenant does not conflict with succession laws as they operate in different fields.

11 Aug 2015

The petitioner, Urmi Deepak Kadia, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court seeking a declara...

High Court

Bombay High Court Reserves Judgment in Multiparty Dispute Over Land Ownership and Compensation Under Inam Abolition Act. Privy Council Declaration of Inam Title and Forest Management Agreement Form Core of Dispute Over 157‑Acre Property Transferred to CIDCO Without Acquisition.

14 Oct 2014

The dispute concerned a large parcel of land bearing Survey No. 51/0 at Ulwe, Raigad, originally granted in 1816. The Bivalkars claimed ownership thro...

High Court

Bombay High Court Frames Substantial Questions of Law in Tenant's Second Appeal Against Eviction from Open Land. Maintainability of Civil Suit Without Rent Controller's Permission Under Expired Fixed-Term Lease Examined.

6 May 2013

The dispute arose from a lease of open land for a fixed term of 61 years executed on 1-1-1943 between the original lessor Govind Vishnu Saoji and the ...

High Court

Bombay High Court Allows Tenant's Writ Petition Against Eviction Decree — Landlord Failed to Prove Bona Fide Need for Demolition and Reconstruction Under Section 13(1)(hhh) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The court held that the landlord's requirement for reconstruction was not bona fide as no sanctioned plan or financial capacity was shown, and the tenant's hardship outweighed the landlord's need.

4 Aug 2005

The petitioner, Pandit Arjun Nagoji, was a tenant of an open plot of land admeasuring 12' x 20' situated at 48, Bombay Pune Road, Bopodi, Pune, at a m...

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