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High Court of Bombay Quashes Appellate Order Dismissing Eviction Suit, Holding Suit Not Barred by Limitation and Licensee Not Tenant, and Remands for Fresh Hearing. License Agreement Did Not Create Tenancy; Defendants Failed to Prove Protected Licensee Status Under Section 15A of Bombay Rent Act.

This writ petition under Articles 226 and 227 of the Constitution of India challenged the judgment and order dated 25.06.2003 passed by the Appellate ...

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Bombay High Court Dismisses Appeal in Lease vs License Dispute Under Goa Decree No.43525. Agreement Styled as Leave and License Held to Be Lease Due to Exclusive Possession and Fixed Term.

The case involves a dispute between the successors of Dr. Luis dos Santos Alvares (plaintiffs/respondents) and Dr. Bento de Souza Egypsy (defendants/a...

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Bombay High Court Upholds Tenants' Right to Park in Building Compound as Part of Leasehold Rights — Injunction Granted Against Landlord's Interference. Parking rights held to be incidental to tenancy where rent includes parking charges and tenants have used open space from inception.

The appeal arises from a suit filed by Respondent Nos.1 to 10 (original Plaintiffs) seeking a permanent injunction against the Appellant, United India...

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Bombay High Court Allows Petitions Challenging Cancellation of Fair Price Shop Licenses Without Hearing — Violation of Natural Justice. Licenses Cancelled Under Essential Commodities Act, 1955 Without Show Cause Notice or Opportunity of Hearing, Orders Quashed and Licenses Restored.

The petitioners, who were holders of fair price shop licenses under the Essential Commodities Act, 1955 and the Maharashtra Essential Commodities (Lic...

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Supreme Court Allows Plaintiff's Claim for Possession in Property Dispute Based on Title and Rejects Adverse Possession Defense. Licensee's Possession Cannot Be Converted into Adverse Possession Without Clear Evidence of Ouster.

The dispute pertained to a suit property in Bangalore. The original plaintiff, A. Krishnappa, claimed ownership of the property as joint family proper...

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Bombay High Court Allows Second Appeal in Eviction Suit, Holds That Successive Short-Term Agreements Create License Not Tenancy Under Goa Rent Control Act. The court restored the trial court's decree of eviction, finding that the defendant was a licensee whose license had expired.

The case involves a second appeal by the plaintiff, Maria Manuela Piedade Bernadete Tereza Quiteria Moniz, against the judgment of the First Appellate...

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Bombay High Court Quashes Minister's Order Cancelling Fair Price Shop License Without Hearing — Violation of Natural Justice Under Essential Commodities Act, 1955. License Cancellation Set Aside for Non-Compliance with Audi Alteram Partem Principle.

The petitioner, Dinesh Bansilal Agrawal, was a licensee of a fair price shop under the Essential Commodities Act, 1955. The Minister of Food, Civil Su...