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High Court of Bombay Allows Second Appeal in Eviction Case Under Transfer of Property Act, Setting Aside Decree for Forfeiture of Tenancy. Mere Denial of Derivative Title by Tenant Held Not to Constitute Forfeiture Under Section 111(g); Suit Dismissed for Lack of Rent Controller Permission.

The dispute arose from a suit for eviction filed by the respondent-landlady, who had purchased a property from a trust, against the appellant-tenants ...

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Supreme Court Examines Vires of Tribunals Reforms Act, 2021 Amidst Concerns Over Judicial Independence. Petitioners Argue That Provisions on Appointment, Tenure, and Removal of Tribunal Members Undermine the Constitutional Balance of Power.

The judgment involves a batch of writ petitions challenging the vires of the Tribunals Reforms Act, 2021. The petitioners, led by the Madras Bar Assoc...

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High Court Dismisses Tenant in Rent Control Proceeding Challenge to Interlocutory Order for Lack of Legal Tenability. Landlord's Right to Seek Eviction for New Business or Income-Generating Activity Despite Having Another Source of Income Upheld by Rent Control Court and Not Interfered With.

The case arose from a rent control proceeding before the Additional Munsiff Court-I, Kozhikode, in R.C.P. No. 35 of 2022. The respondent had filed the...

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Bombay High Court Dismisses Appeal by Electricity Company in Lease Dispute, Upholds Decree for Possession. Lease Terminated by Efflux of Time and Notice Under Section 106 of Transfer of Property Act, 1882, Suit Filed Within Limitation Under Article 67 of Limitation Act, 1963.

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the Maharashtra Rajya Veej Vitaran Company (appella...

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Bombay High Court Dismisses Landlords' Petition Challenging Small Causes Court's Power to Grant Injunction in Landlord-Tenant Dispute. Small Causes Court Has Jurisdiction Under Section 26 of Provincial Small Causes Court Act, 1887 to Grant Temporary Injunction Even When Third Party Claims Tenancy.

The case involves a writ petition filed by the landlords, Subhash s/o Stnarayan Joshi and another, challenging orders of the Small Causes Court and th...

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Bombay High Court Dismisses Petition Seeking Derequisition of Premises Under Bombay Land Requisition Act, 1948 — Petitioner Failed to Establish Bona Fide Need for Own Use and Acquiesced to Requisition for Over Two Decades.

The petitioners, All India Cotton Seeds Crushers' Association and another, filed a writ petition seeking a mandamus to derequisition Flat Nos. 2 and 3...

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Bombay High Court Dismisses Writ Petition Seeking Derequisition of Premises Under Bombay Land Requisition Act, 1948 — Petitioner Failed to Establish Entitlement as Requisition Was for Public Purpose and No Unauthorized Use Proven.

The Petitioners, All India Cotton Seeds Crushers' Association and another, filed a writ petition under Article 226 of the Constitution before the Bomb...

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High Court of Bombay at Goa Dismisses Civil Revision Application in Tenancy Dispute — Order VII Rule 11 CPC Application Properly Dismissed. Plaint Not Barred by Law as Tenancy Claim Requires Proof, Not Mere Allegation.

The applicant, Blaze Fernandes, filed a Civil Revision Application under Section 115 CPC challenging the order dated 08.03.2018 of the Civil Judge Jun...

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Bombay High Court Dismisses Tenant's Civil Revision and Upholds Eviction in Bombay Rent Control Case. Unlawful Subletting Through Grant of Licence Found Under Section 13(1)(e) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The dispute centered on the eviction of a tenant from a shop in Mumbai under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The la...