Search Results for "Material Alterations"

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Bombay High Court Upholds Eviction of Tenant for Using Commercial Shop for Residential Purposes Under Section 13(1)(a) of Bombay Rent Act. Change of User from Business to Residence Constitutes Acts Contrary to Section 108(o) of Transfer of Property Act, Even Without Physical Damage.

The case involves a dispute between the original plaintiff-respondent, Prabhakar Shravan Shinde, the owner of two shops in Kalyan, and the original de...

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Bombay High Court Upholds Eviction Decree Against Tenants for Default in Rent Payment, Dismisses Landlords' Cross-Appeal on Subletting. The Court held that Defendant Nos. 2 and 3 were direct tenants of the Plaintiffs and not sub-tenants, and decreed eviction solely on ground of default in payment of rent.

The case involves cross proceedings between the landlords (Plaintiffs) and the tenants (Defendant Nos. 2 and 3) concerning a suit premises in Pune. Th...

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Bombay High Court Upholds Acquittal in Section 138 NI Act Case Due to Non-Prosecution by Complainant's Partner. Complaint Filed by Partner Without Proper Authorization Not Maintainable Under Section 138 of Negotiable Instruments Act, 1881.

The case involves two criminal appeals arising from a judgment of acquittal passed by the Metropolitan Magistrate, 30th Court, Kurla, Mumbai on 30/08/...

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Bombay High Court Directs MCGM to Consider New Building Proposal Application Under Section 44 of MRTP Act on Merits. The court held that each application must be decided independently and the MCGM cannot refuse to consider a fresh application based on earlier rejections.

The petitioners, Kaalkaa Real Estates Private Limited and its director Kanta Ramchandra Rane, filed a writ petition under Article 226 of the Constitut...

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High Court of Bombay at Goa Allows Appeal Against Remand Order in Property Dispute — Deed of Settlement Interpretation. First Appellate Court Exceeded Jurisdiction Under Order XLI Rule 27 CPC by Allowing Additional Evidence Without Proper Grounds.

The appellant, Shrikrishna Vasudev Patil, filed an appeal against the judgment and decree dated 27/12/2010 passed by the District Judge-2, North Goa, ...

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Bombay High Court Dismisses Petition Challenging Eviction Order Under Maharashtra Rent Control Act. Competent Authority's Order for Possession Upheld Due to Non-Payment of Rent and Unauthorized Subletting.

The petitioner, AMI Merchandising Pvt. Ltd., filed a writ petition under Article 227 of the Constitution challenging the judgment and order dated 14/0...

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Bombay High Court Dismisses Petition Challenging Demolition Order for Unauthorized Extensions in Commercial Premises. Petitioners Failed to Show Any Sanctioned Plan or Permission for Structures on Compulsory Open Space Under Section 55 of Maharashtra Regional and Town Planning Act, 1966.

The petitioners, occupants and owners of shops in Dattani Shopping Centre, Mumbai, challenged an order dated 14 January 2011 passed by the Assistant M...

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Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Injunction and Possession. The court held that under Article 227 of the Constitution of India, interference with concurrent findings of fact is not warranted unless there is a perverse finding or patent error of law.

The petitioner, Zircon Venture Cooperative Housing Society Ltd., filed a writ petition under Article 227 of the Constitution of India challenging the ...