Search Results for "Presidency Small Causes Court Act"

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Court Upholds Executing Court's Decision, Rejects Jurisdictional Objections and Abuse of Process. Possession warrant stands as Appellate Bench's reversal deemed erroneous; Writ Petition allowed, reinforcing res judicata and legal precedents.

The Executing Court had issued a possession warrant on 19 April 2024, which Respondent No. 1 failed to challenge. Respondent No. 1's subsequent object...

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Bombay High Court Dismisses Petition Challenging Concurrent Orders in Suit Under Section 33 of Maharashtra Rent Control Act, 1999 — Petitioner Failed to Show Any Error in Findings of Courts Below.

The petitioner, M/s Columbia Hospital & Research Centre Pvt. Ltd., was the original defendant No.9 in a suit filed by respondent No.1, M/s Maharashtra...

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Bombay High Court Allows Appeal in Property Dispute, Sets Aside Injunction Against Dispossession. Plaintiff Failed to Prove Possession and Suit for Possession Based on Title Was Barred by Limitation.

The present First Appeal arises from a judgment of the City Civil Court, Mumbai, in S.C. Suit No.5551/1990, where the suit was decreed in favor of the...

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Supreme Court Partly Allows Appeal Against High Court's Direction to Vacate Premises in Pending Small Causes Proceedings. High Court Exceeded Jurisdiction Under Article 227 by Ordering Eviction Without Final Order Under Sections 41/43 of Presidency Small Causes Courts Act, 1882.

The appellant purchased property in 1994 and claimed possession. He filed a suit for permanent injunction (CS No.1069 of 2003) which was dismissed, an...

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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.

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

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Bombay High Court Dismisses Tenant's Revision Against Concurrent Eviction Decree for Non-Payment of Rent Under Maharashtra Rent Control Act, 1999. Tenant's failure to pay rent as per consent terms and subsequent default justified eviction.

The case involves a civil revision application filed by the tenant, Messrs Auto Hirers & anr, against an eviction decree passed by the Small Causes Co...

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Bombay High Court Dismisses Suit for Possession Against Trespassers for Lack of Jurisdiction Under Section 9A CPC. Court holds that the suit is not maintainable as the property is wakf property and the Wakf Tribunal has exclusive jurisdiction under the Wakf Act, 1995.

The plaintiffs, Valimohamed Haji Allarakha Sonawala Wakf through its trustees and mutawallis, filed a suit in the Bombay High Court seeking a declarat...