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Supreme Court Declares Section 13(2) of Chhattisgarh Rent Control Act, 2011 Ultra Vires for Lack of Legislative Competence. State Legislature Cannot Confer Direct Appellate Jurisdiction on Supreme Court; Provision Invalid.

The case arose from an appeal filed under Section 13(2) of the Chhattisgarh Rent Control Act, 2011, against an eviction order passed by the Rent Contr...

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High Court Hears Civil Revision Applications Against Appellate Order Upholding Obstructionist Right to Occupy Shops on Leased Land. Eviction Decree Against Tenants Did Not Automatically Extinguish Obstructionists' Possession Under Bombay Rent Act and Maharashtra Rent Control Act.

These Civil Revision Applications were filed under Section 115 of the Code of Civil Procedure, 1908 challenging the common judgment and order dated 4 ...

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Bombay High Court Dismisses Revision in Ejectment Suit for Lack of Title Proof and Non-Joinder of Necessary Parties. Trustees failed to establish devolution of leasehold interest and maintainability of suit under Section 41 of Presidency Small Cause Courts Act, 1882.

The applicants, claiming to be trustees under a Deed of Wakf dated 22 December 1942, filed a suit for ejectment against the respondents in the Court o...

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Supreme Court Dismisses Appeal in Ejectment Case Under Punjab Security of Land Tenures Act, 1953. Civil Suit Not Barred Under Section 25 as Revenue Court Order Was Without Jurisdiction Due to Absence of Landlord-Tenant Relationship and Invalid Sale of Trust Property.

The Supreme Court of India heard a civil appeal arising from a dispute over ejectment of a tenant from agricultural land. The appellants, claiming to ...

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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 Revenue's Appeal in Income Tax TDS Case — Wheeling and Transmission Charges Not Rent Under Section 194I. Payments for Use of Transmission Lines Held Not Rent as No Transfer of Possession or Right to Use Occurs.

The case involves an appeal by the Commissioner of Income Tax (TDS) against the order of the Income Tax Appellate Tribunal (ITAT) which held that whee...

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High Court of Bombay examines Official Liquidator’s report for declaration of sub-lease executed by lessee as void. The matter involves sub-lease of company property during pendency of winding up, with allegations of fabricated documents.

The matter concerns an Official Liquidator’s report filed in the winding up of Modi Stone Limited, seeking a declaration that a sub-lease dated 20 M...

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Bombay High Court Full Bench Considers Maintainability of Suit Against Gratuitous Licensee Under Section 41 of Presidency Small Cause Courts Act, 1882. Dispute Arises from Eviction Suit Filed Before Small Cause Court, Challenged for Lack of Jurisdiction Over Gratuitous Licence.

The dispute arose from a suit for eviction filed in the Court of Small Causes at Bombay under section 41 of the Presidency Small Cause Courts Act, 188...

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Bombay High Court Dismisses Union of India's Revision Against Mesne Profits Award from Date of Suit. Mesne Profits Enquiry Cannot Go Behind Decree Directing Payment from Date of Institution.

The Union of India, as tenant of a building known as Boyce Building in Mumbai, was sued for eviction by the landlord Dr. Sam Framrose Boyce in 1979 un...

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Bombay High Court Dismisses Second Appeals in Possession Suit — Lease Deed Not Proved, No Tenancy Rights. Gift Deed Valid, Landlord's Title Not Challenged, Eviction Upheld.

The case involves two second appeals arising from a suit for possession filed by the respondent-landlord against the appellants-tenants. The property ...