Search Results for "plaintiff's residence"

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Search Results for "plaintiff's residence"

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High Court

Bombay High Court Dismisses Landlord's Writ Petition in Eviction Dispute Due to Lack of Perversity in Concurrent Findings. Supervisory jurisdiction under Article 227 not to be used to reappreciate evidence; landlord failed to establish bona fide requirement under Rent Act.

6 Sep 2019

The case involves a landlord-tenant dispute where the petitioners (landlord's legal heirs) sought eviction of the respondents (tenants) from a propert...

High Court

Bombay High Court Allows Appeal Against Remand Order in Adverse Possession Suit — Trial Court Decree Restored. First Appellate Court Exceeded Jurisdiction by Remanding Suit for Filing Written Statement Despite Proper Procedure Being Followed.

20 Dec 2019

The case arises from a suit for declaration of ownership based on adverse possession filed by the plaintiffs (appellants) against the defendant (respo...

High Court

Bombay High Court Dismisses Revision and Petition in Rent Control Dispute Over Leave and Licence Agreement — Licence Fee Not Rent Under Bombay Rent Act. The Competent Authority lacked jurisdiction over premises let for business purposes under Section 5(8)(a) of the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947.

9 Aug 2005

The case involves a dispute over premises in Thane, originally owned by the petitioners (Nayana and Kiran Acharya) who claimed to have given the premi...

High Court

Bombay High Court Dismisses Appeal in Tenancy Jurisdiction Dispute — Plaint Returned to Small Causes Court. Court holds that the Small Causes Court has exclusive jurisdiction to try suits between landlord and tenant under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

2 May 2005

The appellant, Balwant Dattatraya Mule, filed a suit in the Civil Court claiming to be a tenant of residential premises and seeking reliefs against th...

High Court

Bombay High Court Dismisses Impleadment Application in Property Suit — Plaintiffs Fail to Establish Prima Facie Title or Possession. Order 1 Rule 10 CPC requires direct legal interest; vague claims of possession without documentary evidence insufficient for impleadment.

30 Nov -0001

The judgment pertains to a Notice of Motion filed by the plaintiffs in a suit seeking a declaration of ownership and possession of a property. The pla...

High Court

Bombay High Court Upholds Rejection of Plaint in Waqf Property Dispute for Non-Compliance with Section 89 of Waqf Act, 1995. Suit for Injunction Against Deputy Collector Barred as Statutory Notice Under Section 89 Not Served Before Filing Suit.

22 Jan 2015

The case involves a civil revision application filed by the original plaintiffs against an order of the Waqf Tribunal rejecting their plaint under Ord...

High Court

Bombay High Court Quashes FIR in Atrocities Act Case Due to Lack of Jurisdiction — Civil Judge Cannot Direct Police Investigation Under Section 156(3) CrPC in a Civil Suit. The order passed by the Civil Judge (J.D.) directing investigation under Section 156(3) CrPC in a civil suit is without jurisdiction and the consequential FIR is liable to be quashed.

24 Mar 2017

The applicants, Harischandra Vishwanath Chavan and Santosh Harischandra Chavan, filed a criminal application under Section 482 of the Code of Criminal...

High Court

Bombay High Court Dismisses Petition Challenging Order Allowing Secondary Evidence in Civil Suit. Plaintiff Allowed to Lead Secondary Evidence Under Section 65(a) of Evidence Act, 1872 After Defendant Denied Possession of Original Letters.

5 Jan 2018

The petitioner, Rajendra Mahadev Todkar, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 16 August 201...

High Court

High Court of Bombay Examines Whether Amended Section 6 of Hindu Succession Act, 1956 Operates Retrospectively. The Correctness of the Division Bench Decision in Vaishali Satish Ganorkar Holding Prospective Operation is Challenged, with Parties Citing Supreme Court Precedents.

9 Jun 2014

This matter comprises a batch of second appeals before the Bombay High Court, Civil Appellate Jurisdiction, presided over by Justice R.G. Ketkar. The ...

High Court

Bombay High Court Dismisses Bank's Appeal Against Refusal to Reject Plaint Under Order VII Rule 11 CPC; Holds Suit Not Barred by Section 34 of SARFAESI Act. Plaintiffs, Claiming Independent Rights as Co-owners and Not Being Parties to Loan/Mortgage Transaction, Could Not Be Barred Under Section 34 as Their Suit Challenges Mortgage Validity Only Against Their Share, Not the Securitization Process Itself.

8 Dec 2010

The dispute arose from a loan transaction between State Bank of India (appellant/first defendant) and Crosslink Shipbreakers (P) Ltd. (principal borro...

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