Search Results for "Gratuitous Licensee"

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Section 6 Specific Relief Act – Proof of Possession Mandatory.

This case arose from a dispute over possession of a dispensary premises in Mumbai between family members. The plaintiffs claimed that they were in set...

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Bombay High Court Allows Revision Against Rejection of Obstruction Application in Execution Proceedings — Emphasizes Mandatory Inquiry Under Order 21 Rule 97 CPC. Third Party Claimants Entitled to Full Inquiry Before Executing Court When They Assert Possession and Interest in Decree Property.

The case involves a civil revision application filed by Indubai D. Kothawale and others (the applicants) challenging an order dated 16 October 2023 pa...

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Bombay High Court Allows Appeal of Property Owners Against Attachment Under MPID Act — Property Not Proceeds of Crime. The court held that property owned by third parties not accused cannot be attached merely because the accused was in possession under a leave and licence agreement.

The appellants, Smt. Madhu Deepak Gogri and Mayank Deepak Gogri, are the owners of Shop Nos. 1 and 2 in Prem Bhanu Apartment, Borivali (West). The pro...

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Bombay High Court Allows Appeals Against Remand Order in Suit for Possession and Mesne Profits — District Judge Exceeded Revisional Jurisdiction by Suo Motu Raising Valuation Issue Without Pleading or Prejudice.

The appellants, as plaintiffs, filed suits before the Civil Judge Junior Division, Nashik, seeking possession of suit property and compensation/mesne ...

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Supreme Court Dismisses Appeal in Insolvency Case Due to Lack of Financial Creditor Status. Interest-Free Term Loan Does Not Qualify as Financial Debt Under Section 5(8) of the Insolvency and Bankruptcy Code, 2016 as It Lacks Consideration for Time Value of Money.

The appeal arose under Section 62 of the Insolvency and Bankruptcy Code, 2016 (IBC) against the dismissal by the National Company Law Appellate Tribun...

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Bombay High Court Allows Second Appeal in Licensee Eviction Case — Gratuitous Licensee Cannot Claim Tenancy Rights. Relationship of Parties and Nature of Possession Determined by Evidence of License, Not Mere Residence.

The original plaintiff, Saraswatibai Dnyanoba Paigude (since deceased, represented by her legal heir Keshav Dnyanoba Paigude), filed a civil suit for ...