Search Results for "possession and rent arrears"

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Supreme Court Allows Landlord's Appeal in Eviction Case Under East Punjab Urban Rent Restriction Act, 1949 — Bona Fide Requirement Established. High Court's Reversal Set Aside for Exceeding Revisional Jurisdiction; Concurrent Findings of Fact Restored.

The case arises from an eviction petition filed by Kamla Devi (since deceased, represented by legal representatives) against Thakar Das (since decease...

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Supreme Court Allows Assessee's Appeal, Holding Royalty Payment for Mining Lease is Revenue Expenditure. Yearly royalty of Rs. 96,000 under mining arrangement with Government deductible under Income-tax Act as it relates to raw material obtained, not capital outlay.

This appeal arose from income tax assessment proceedings for the years 1954-55 to 1956-57. The appellant, a registered firm manufacturing lime from li...

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Bombay High Court Allows Tenant's Petition in Rent Control Ejectment Suit — Landlord's Bonafide Need Not Proved. Tenant's eviction set aside as landlord failed to establish bonafide requirement under Section 16(1)(g) of Maharashtra Rent Control Act, 1999.

The petitioner, a tenant, challenged two civil suits for ejectment and possession filed by the respondents-landlords under Section 16(1)(g) of the Mah...

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Bombay High Court Dismisses State's Application for Condonation of Delay in Filing Revision Against Eviction Decree. Inordinate delay of over 4 years not sufficiently explained despite government status and pandemic.

The State of Maharashtra and the Commissioner of Police filed an Interim Application seeking condonation of delay of 1 year and 300 days in filing a C...

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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 Allows Landlords' Appeal in Rent Control Eviction Suit — Subletting and Unauthorised Construction by Tenant Established. Section 13(1)(e) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 applied as tenant's acts amounted to nuisance and subletting without consent.

The original plaintiffs, landlords of a premises in Thane, filed a suit for eviction against the tenant Shankar Parshuram Naik (since deceased, repres...

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Bombay High Court Allows Public Interest Litigation Against Illegal Hoardings in Aurangabad — Municipal Corporation Directed to Enforce Ban and Revise Advertisement Rates. Defacement of Public Property and Traffic Obstruction Addressed Under Municipal Corporation's Regulatory Powers.

The petitioner, Sunil Pandharinath Jadhav, a resident of Aurangabad, filed a writ petition in public interest before the Bombay High Court (Aurangabad...

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Bombay High Court Dismisses Tenant's Writ Petition Challenging Appellate Bench's Order Setting Aside Rejection of Plaint in Eviction Suit. Transfer of Property Pending Suit Does Not Extinguish Landlord's Cause of Action Under Section 16(1)(a) and (b) of Maharashtra Rent Control Act, 1999.

The case involves a civil writ petition filed under Article 227 of the Constitution of India by the original tenant, Ratnamala Mohan Aklujkar, challen...