Search Results for "lease surrender"

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High Court

Forfeiture of Tenancy under Section 111(g) TPA Not Attracted When Tenant Claims Firm Tenancy Without Denying Landlord’s Title – Bombay High Court Restores Trial Court Decree in Second Appeal No. 81 of 2013 (2026)

4 Mar 2026

The plaintiff filed a suit for possession, arrears of rent, and damages claiming that Late Mohd. Siddique was his tenant since 1960. Lat...

High Court

High Court of Karnataka Allows IOCL's Appeal in Commercial Lease Dispute — Lease Deemed Renewed Under Section 116 of Transfer of Property Act, 1882 as Tenant Continued in Possession with Landlord's Consent After Expiry of Term. The court held that acceptance of rent by the landlord after expiry of the lease creates a tenancy by holding over, entitling the tenant to remain in possession until validly terminated.

25 Jul 2025

The respondent, Nayana Chandra Shetty, owned a site in Udyavara village, Udupi, which he leased to IBP Company Ltd. for 20 years from 30.03.2004 for s...

High Court

High Court of Karnataka Allows Writ Petition Against Dismissal of Obstruction Application in Execution Proceedings — Impugned Order Quashed. Court Held That Executing Court Must Consider Objections of Third Party Obstructor on Merits Under Order XXI Rules 97, 98, and 101 CPC.

27 Sep 2024

The petitioner, Rajesh Enterprises, a partnership firm represented by its partner Naresh Godar Shah, filed a writ petition under Articles 226 and 227 ...

High Court

Bombay High Court Dismisses Landlord and New Tenant's Revision Petitions in Tenancy Dispute — Upholds Appellate Court's Declaration of Tenancy Rights of Legal Heir. The court held that the Small Causes Court has jurisdiction to entertain a suit by a tenant against a trespasser for possession under Section 33 of the Maharashtra Rent Control Act, 1999.

27 Jun 2024

The case involves two Civil Revision Applications filed under Section 115 of the Code of Civil Procedure, 1908, by the original defendant no.1 (landlo...

Supreme Court

Supreme Court Appoints Arbitrator in International Commercial Arbitration Involving Sub-Lease Dispute — Holds That Lease Disputes Under Transfer of Property Act Are Arbitrable. The Court ruled that disputes arising from a sub-lease deed governed by the Transfer of Property Act, 1882 are arbitrable, and since the petitioner is a foreign national, the Supreme Court has jurisdiction to appoint an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996.

18 Dec 2020

The petitioner, Suresh Shah, a Kenyan national and habitual resident of Nairobi, Kenya, filed a petition under Section 11(5) of the Arbitration and Co...

High Court

High Court of Bombay at Goa Dismisses Appeal Against SARFAESI Proceedings — Tenant's Claim Not Established. The court held that the appellant failed to prove tenancy and that the remedy under Section 17 of the Securitisation Act is available to any person aggrieved, including tenants.

14 Feb 2020

The appellant, Modinasab Indikar, filed a first appeal before the High Court of Bombay at Goa against the order of the District Magistrate, Salcete, d...

Supreme Court

Supreme Court Dismisses Lessee's Claim for Damages in Wild Life Sanctuary Case — No Right to Compensation Without Acquisition. Notification Under Section 18 of Wild Life (Protection) Act, 1972 Does Not Confer Right to Damages for Loss of Use.

20 Aug 2019

The Supreme Court dismissed the appeal filed by M/s Natesan Agencies (Plantations), a partnership firm, against the judgment of the Madras High Court ...

High Court

Bombay High Court Partially Allows Petition Against Arbitral Award in Hire Purchase Dispute — Reduces Interest Rate from 36% to 24% per annum. Court holds that 36% per annum interest on delayed payments is penal and excessive, and reduces it to 24% per annum under Section 34 of the Arbitration and Conciliation Act, 1996.

8 Jan 2015

The petitioners, Ashwin Crane & Construction and Ashwin Virji Dhame, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, ...

High Court

Bombay High Court Allows Writ Petition, Restores Eviction Decree in Sub-Lease Dispute for Breach of Covenant. Failure to pay municipal taxes and insurance premium constituted breach of condition under Section 111(g) of Transfer of Property Act, 1882, justifying forfeiture and eviction.

19 Oct 2006

The petitioner, as lessor, had granted a sub-lease of land and buildings to the first respondent for 98 years. The sub-lease deed contained covenants ...

High Court

Bombay High Court Dismisses Writ Petitions Challenging Cooperative Society's Bye-Law Amendment and Registration of Transfer of Shares. Held that the Competent Authority under the Maharashtra Cooperative Societies Act, 1960 has jurisdiction to decide disputes regarding membership and transfer of shares, and that the society's bye-law amendment requiring prior approval for transfer of shares is valid.

30 Nov -0001

The judgment pertains to two writ petitions filed in the Bombay High Court. The first petition (Writ Petition No. 9116 of 2013) was filed by Farhat Co...

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