Search Results for "Bombay Tenancy Act, 1948"

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Bombay High Court Admits Writ Petition and Grants Interim Stay on Recovery of Unearned Income. Demand of Rs.26.06 Crores Against Tata Communications Alleged to be Based on Erroneous Finding of Land Transfer Due to Change in Shareholding.

The writ petition was filed by Tata Communications Limited (formerly Videsh Sanchar Nigam Limited) challenging the order of the Revenue Minister dated...

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Bombay High Court Dismisses Petitions Challenging Stamp Duty on Renewal of Perpetual Lease Under Maharashtra Stamp Act, 1958. Levy of stamp duty on renewal of perpetual lease is not manifestly arbitrary or violative of Articles 14 and 300A of the Constitution of India.

The Bombay High Court at Nagpur, through a division bench comprising Justices Anil S. Kilor and Rajnish R. Vyas, dismissed two writ petitions challeng...

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Supreme Court Rejects Custom-Based Maintenance Claim in Impartible Estate for Lack of Opinio Necessitatis. Custom Not Proved as Payments Were Voluntary and Not Obligatory, Disallowing Claim for Arrears of Maintenance.

The case concerned a maintenance claim by junior members of the Kavalappara family against the Sthanee of the impartible Kavalappara estate, governed ...

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Bombay High Court Allows Impleadment of Beneficiaries in Trust Petition — Order 1 Rule 10 CPC Applies. Court holds that persons claiming beneficial interest under a trust are necessary and proper parties to a trust petition under Section 41A of the Presidency Small Cause Courts Act, 1882.

The case involves a Chamber Summons filed by the petitioner, Harishchandra Amarnath Puri, in a Trust Petition (No. 1 of 2017) pending before the Bomba...

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Bombay High Court Dismisses Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Agreement for Sale of Agricultural Land Not Enforceable as Plaintiff Did Not Demonstrate Financial Capacity and Conduct Showed Lack of Readiness.

The appellant, Jayantilal Devji Shah, filed a suit for specific performance of an agreement for sale of agricultural land against the respondents. The...

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Bombay High Court Allows Landlord's Petition in Tenancy Dispute Over Holding Calculation on Tiller's Day. Revisional Authority's Remand Order Set Aside as Mutation Entries Were Held Not Proved by Tenant.

The petitioner-landlord challenged the order of the Revisional Authority dated 30-3-1989, which remanded the matter to the Trial Court for ascertainin...

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Bombay High Court Allows Appeals Against Interim Injunction in Property Dispute Over Succession and Conveyance Validity. Court holds that the trial court's order granting blanket injunction without considering balance of convenience and prima facie title was unsustainable under Order 39 Rules 1 and 2 CPC.

The judgment arises from three appeals filed by defendants against an interim order passed by the 8th Civil Judge, S.D., Thane on 3rd January 2013 in ...