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Search Results for "shop premises"

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High Court

Bombay High Court Dismisses Tenant's Petition in Eviction Case Based on Landlord's Bona Fide Requirement — Daughter's Need Upheld After Amendment. The court held that the landlord's daughter had established her bona fide requirement for the suit premises and that the tenant failed to prove greater hardship, confirming the eviction decree.

9 Dec 2024

The case involves a landlord-tenant dispute over commercial premises in Panchgani. The original landlord, Ramchandra Shivram Gadekar, filed a suit for...

High Court

Bombay High Court Upholds Eviction of Tenant for Unauthorised Permanent Construction Under Maharashtra Rent Control Act. Tenant's temporary structure argument rejected as Appellate Court found MS angles, asbestos sheets, and polythene roof constituted permanent construction causing danger to building.

21 Oct 2024

The case involves a dispute between the respondent-landlord, Kadambagiri Estates Pvt. Ltd., and the petitioner-tenant, Mrs. Binaifer Batiwala, over ev...

High Court

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.

16 Oct 2024

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

High Court

High Court Rules on Unlawful Subletting: Transfer of Tenancy Disguised as Business Sale Invalid. Court highlights the misuse of tenancy rights and emphasizes protection of landlords under Bombay Rent Act.

7 Oct 2024

The Bombay High Court ruled in favor of the petitioner, legal heirs, in a long-standing eviction dispute regarding unlawful subletting of commercial p...

High Court

Bombay High Court Dismisses State Appeal Against Acquittal in Gang Rape Case Due to Unreliable Testimony and Lack of Corroboration. Prosecutrix's evidence found contradictory and unsupported by medical evidence, leading to confirmation of acquittal under Sections 376, 323, 504, 506 read with 34 IPC.

25 Sep 2020

The State of Maharashtra appealed against the judgment and order dated 27 November 2003 passed by the 4th Additional Sessions Judge, Nashik in Session...

High Court

Bombay High Court Dismisses Landlord's Eviction Petition in Rent Control Case — Tenant's Acquisition of Alternate Premises Not Proven and Landlord's Bona Fide Requirement Not Established. The court upheld the concurrent findings of the trial court and appellate court that the landlord failed to prove grounds for eviction under Sections 13(1)(l) and 13(1)(g) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

21 Dec 2018

The petitioners, Ranjanwadi Shikshan Trust and others, as landlords, filed a civil suit (Civil Suit No. 18 of 1979) seeking eviction of the respondent...

High Court

Bombay High Court Dismisses Tenant's Petition Against Eviction Decree for Rent Default and Unauthorized Construction Under Bombay Rent Act. Concurrent findings of courts below upheld as tenant failed to prove that construction was pre-existing or that rent was not in arrears.

12 Oct 2017

The petitioner, a tenant of a shop premises in Nashik, was sued by the respondent landlady for eviction under the Bombay Rents, Hotel and Lodging Hous...

High Court

Bombay High Court Allows Landlords' Petition in Eviction Suit After 48 Years of Litigation — Appellate Court's Reversal Set Aside for Ignoring Admissions and Evidence of Subletting. The Court held that the appellate court failed to consider the tenant's admission of subletting and the landlord's bona fide need, thereby warranting interference under Article 227 of the Constitution of India.

4 Sep 2017

The case involves a long-standing eviction suit filed in 1969 by the petitioners' father (landlord) against the respondent-tenant (Jivraj Bhanji) in t...

High Court

Bombay High Court Upholds Tenant Status of Licensee in Municipal Corporation Property — Change of User Does Not Automatically Terminate Tenancy. The court held that an agreement styled as a licence but conferring exclusive possession and payment of rent creates a lease under the Transfer of Property Act, 1882, and a tenant cannot be evicted without due process of law even if there is a change of user.

22 Apr 2014

The case involves a dispute between the Nagpur Municipal Corporation (appellant) and Bhaurao Mohod (respondent) regarding a shop in Nagpur. The respon...

High Court

Bombay High Court Allows Tenant's Revision in Rent Control Dispute — Landlord Estopped from Denying Tenancy After Accepting Status and Giving Undertaking for Alternate Accommodation. Principle of Estoppel Under Section 116 of Indian Evidence Act, 1872 Applied to Prevent Landlord from Resiling from Earlier Admissions.

10 Jan 2012

The petitioner, Pius Bonaventure Fernandes, was a tenant of residential premises in 'Gorden House', Mumbai, owned by Manu Narang (predecessor of respo...

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