Search Results for "Presidency Small Causes Court Act"

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Bombay High Court Allows Appeal in Arbitration Act Case — Upholds Appointment of Arbitrator Despite Alleged Non-Compliance with Pre-Arbitration Steps. Section 11(6) of the Arbitration and Conciliation Act, 1996 invoked where respondent failed to appoint arbitrator within 30 days of notice.

The appellant, a company incorporated under the Companies Act, 1956, and the respondent, a multi-state co-operative society constituted under the Mult...

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Bombay High Court Dismisses Revision Against Eviction Decree and Mesne Profit Order in Lease Dispute. Lease Deed Term Expired After Renewal Periods; Termination Notice Valid Under Section 41 of Presidency Small Cause Courts Act, 1882.

The case involves a lease dispute between landlords (respondents) and a tenant (applicant, Hindustan Petroleum Corporation Limited). The landlords exe...

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Supreme Court Allows State Appeal Against Review of Concurrent Findings in Forest Land Dispute Under Andhra Pradesh Forest Act, 1967. High Court Exceeded Review Jurisdiction by Re-appreciating Evidence and Setting Aside Concurrent Findings of Fact.

The Supreme Court allowed the appeal filed by the State of Telangana against the judgment of the High Court of Judicature at Hyderabad, which had revi...

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Bombay High Court Dismisses Landlord's Petitions in Leave and Licence Dispute, Upholds Finding of Tenancy. Agreement styled as 'conducting business' held to be a colourable document creating landlord-tenant relationship under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The dispute pertains to a suit property, a shed admeasuring 7 x 17 feet, owned by the respondent/landlord. The respondent claimed that by an agreement...

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Bombay High Court Upholds Validity of Section 28A(1) of Maharashtra Civil Courts Act, 1869 in Probate Reference. Section 28A(1) is not inconsistent with Indian Succession Act, 1925, and Civil Judges can be invested with probate jurisdiction.

This judgment arises from a reference under Section 113 of the Code of Civil Procedure, 1908, made by the learned Joint Civil Judge, Senior Division, ...

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Bombay High Court Dismisses Appeal Against Rejection of Plaint Return in Suit for Possession Against Gratuitous Licensee. Court Holds That Suit for Recovery of Possession Against Gratuitous Licensee Is Exclusively Triable by Small Causes Court Under Presidency Small Causes Court Act, 1882.

The appeal arises from a judgment and order dated 7 May 2014 of a learned Single Judge of the Bombay High Court dismissing the appellant's (original d...

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Bombay High Court Allows Appeal in Rent Control Suit Against Gratuitous Licensee. City Civil Court Has Jurisdiction to Try Suit for Possession Against Licensee Under Bombay Rent Act, 1947.

The appeal arose from a judgment and order dated 30th March 1994 passed by the Additional Principal Judge, City Civil Court, Mumbai, holding that the ...

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Bombay High Court Dismisses Writ Petitions Challenging Eviction Order in Caretaker Agreement Dispute. Licensee Not Entitled to Tenancy Protection Under Section 15A of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 as Agreement Was Not Bona Fide.

The case involves a dispute over Flat No.5, Sagar Mahal, Walkeshwar Road, Mumbai. The respondent, Dr. G.S. Shah, a medical doctor employed with Centra...