Search Results for "landlord's claim"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "landlord's claim"

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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

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 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...

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

High Court of Judicature at Bombay Hears Writ Petition Challenging Eviction Order Under Public Premises (Eviction of Unauthorised Occupants) Act, 1971 Between Two Government Companies. Key Issue Involves Scope of Act and Validity of Second Eviction Notice Based on Security Ground Not Mentioned in Original Termination Notice.

17 Dec 2012

The petitioner, Indian Petro Chemicals Corporation Limited, a Government company, occupied premises on the 9th and 19th floors of Air India Building, ...

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...

Supreme Court

Supreme Court Dismisses Lessor's Appeal Against Dismissal of Counterclaim for Eviction and Rent in Lease Dispute — Presidency Small Cause Courts Act, 1882 Section 41 Bars Counterclaim in High Court Original Suit for Specific Performance.

31 Jan 2019

The Supreme Court dismissed appeals by the legal representatives of Mahadev P. Kambekar (original defendant/lessor) against the judgment of the Bombay...

High Court

Bombay High Court Declares Defendant Trespasser and Orders Possession and Mesne Profits in Partnership Dissolution Dispute. Executor of Deceased Partner Succeeds in Establishing Right to Suit Premises.

2 May 2006

The suit was filed by the original plaintiff Lakchand Dhanji Shah, executor under the will of Narshi Hansraj Khona (deceased), against the defendant N...

High Court

Bombay High Court Allows Landlord's Claim for Damages Against Tenant Holding Over After Termination of Tenancy. Tenant's Continued Possession After Self-Termination Constitutes Unauthorized Occupation, Entitling Landlord to Mesne Profits Under Section 108(h) of Transfer of Property Act, 1882.

10 Dec 2018

The case involves a second appeal by the plaintiffs, owners of a house property at Ausa, which was let out to the Nizam Government and later handed ov...

High Court

Bombay High Court Allows Decree-Holder's Revision in Eviction Suit — Licensee Bank Must Pay Mesne Profits at Market Rate. Court holds that mesne profits must be determined based on market rent prevailing at the time of determination, not the contractual license fee, and that the trial court's order directing payment at Rs.5.25 per sq.ft. per month was erroneous.

18 Mar 2015

The dispute arose from a commercial property consisting of three shops in Mumbai. The plaintiff, Mridangraj Hiralal Suchak, was a tenant and had induc...

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