Search Results for "tenancy claims"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...

Search Results for "tenancy claims"

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High Court

Bombay High Court Allows Wife's Application Under Section 482 CrPC, Restores Interim Maintenance Order in Domestic Violence Case. The court held that the appellate court erred in setting aside the Magistrate's order granting interim maintenance without considering the wife's right to residence in shared household under the Protection of Women from Domestic Violence Act, 2005.

28 Jun 2011

The applicant, Smt. Sheetal Thawkar, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of an order date...

High Court

Bombay High Court Upholds Charity Commissioner's Discretion in Sale of Trust Property — Clause in Lease Deed Does Not Make Section 36 Permission a Mere Formality. The Court held that the Charity Commissioner must independently consider whether the sale is beneficial to the trust under Section 36(1) of the Bombay Public Trust Act, 1950, and a contractual clause cannot oust statutory discretion.

14 Sep 2011

The case involves two writ petitions filed under Article 226 of the Constitution of India challenging an order dated 08-05-2000 passed by the Charity ...

High Court

Bombay High Court Dismisses Cooperative Society's Suit for Possession Against Legal Heirs of Deceased Member — Failure to Prove Termination of Membership Under MCSA and MOFA. The court held that membership of a deceased member continues in favor of legal heirs until validly terminated, and the society cannot evict them without following due process.

9 Apr 2012

The plaintiff, Santacruz Prakash Coop. Hsg. Society Ltd., a cooperative society registered under the Maharashtra Cooperative Societies Act, 1960, file...

High Court

Bombay High Court Allows Possession Warrant in Execution Proceedings Despite Pending Appeal — Execution Court Cannot Reopen Decree on Merits Under Order 21 Rule 97 CPC. The court held that the execution court must execute the decree as it stands and cannot go behind it, and that objections regarding fraud or tenancy rights are not maintainable in execution proceedings under Order 21 Rule 97 of the Code of Civil Procedure, 1908.

4 Mar 2019

The petitioner, Abdul Shahid Patel, purchased immovable property by registered sale deed dated 08.11.1995. The respondent, Smt. Rameshwaridevi Sharma,...

High Court

Bombay High Court Allows Release of Land from ULC Proceedings Due to Abatement Under Repeal Act — Land Held to Be Bhoomiswami, Not Nazul Lease, Entitling Petitioners to Restoration of Possession and Mutation.

30 Apr 2019

The petitioners, Smt. Parvatibai wd/o Dashrath Behar and Narayan s/o Late Shri Dashrath Behar, filed a writ petition seeking release of land admeasuri...

High Court

Bombay High Court Dismisses Revision Against Eviction Decree Under Section 13A(1) of Bombay Rent Act for Bona Fide Requirement of Landlord's Son. Concurrent Findings of Fact Not Interferable Under Section 115 CPC as No Jurisdictional Error Found.

11 Aug 2005

The case involves a Civil Revision Application filed under Section 115 of the Code of Civil Procedure, 1908 (CPC) challenging the eviction decree pass...

High Court

Bombay High Court Upholds Return of Plaint in Suit for Injunction Relating to Open Land — Small Causes Court Has Exclusive Jurisdiction Under Presidency Small Cause Courts Act, 1882. The suit for injunction regarding open land used for water tap and underground cable was held to be exclusively triable by the Small Causes Court under Section 41 of the Presidency Small Cause Courts Act, 1882, as the land was appurtenant to a building.

31 Jan 2005

The appellant, Rambaran Mayashankar Tiwari, carrying on business as Bhole Shankar Flour Mill, filed a suit in the City Civil Court at Bombay seeking a...

High Court

High Court of Bombay at Nagpur Dismisses Second Appeal in Property Dispute Involving Nominal Sale Deed and Bank's Securitization Proceedings. Civil Court's jurisdiction barred under Section 34 of SARFAESI Act, 2002 for challenging bank's attachment notice under Section 13(2).

24 Apr 2014

The appellants, Smt. Savita Bhagwantrao Patil and Chaitanya Bhagwantrao Patil, were the original plaintiffs in a suit filed before the 6th Joint Civil...

High Court

Bombay High Court Dismisses Petition Challenging Amendment of Plaint in Eviction Suit — Pre-Trial Amendment Allowed Under Order VI Rule 17 CPC as No Prejudice Caused to Tenant. Amendment of plaint to clarify property description and add alternative grounds was permissible at pre-trial stage to determine real controversy between landlord and tenant.

10 Oct 2014

The petitioner, M/s K.T. Kubal & Company, a tenant, challenged the order of the Small Causes Court allowing the respondent/plaintiff to amend the plai...

High Court

Bombay High Court Allows Revision Application in Rent Control Case — Eviction Set Aside Due to Invalid Notice Under Section 12(3)(a) of the Bombay Rents Act. Notice demanding arrears of rent must give 15 clear days as per Section 106 of Transfer of Property Act, and service on 30th April demanding payment by 15th May does not comply.

30 Nov -0001

The case involves a civil revision application filed by the original defendant No.1, Anil Gangekar, against the judgment and decree of eviction passed...

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