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High Court

Bombay High Court Partially Allows Petition Against Appellate Court's Order Directing Deposit of Fair Market Rent as Pre-condition for Stay of Eviction Decree in License Case. The court held that the principle of Atma Ram Properties applies to licensees but the Appellate Court cannot split the period of unlawful occupation; the licensee must deposit contractual compensation from termination of license till disposal of appeal.

27 Sep 2024

The petitioner, Safset Agencies Private Ltd., a company dealing in art, was a licensee under a Leave and Licence Agreement dated 25 September 2006 wit...

High Court

Bombay High Court Dismisses Tenants' Revision Against Eviction Decree for Arrears of Rent, Damage, and Unauthorized Construction Under Bombay Rent Act, 1947. Doctrine of Relation Back Not Applicable as Amendment Was Not Allowed to Relate Back to Original Filing Date.

13 Sep 2024

The case involves a civil revision application filed by tenants (Anil Joginder Sachdev and Rajeev Joginder Sachdev) against a decree of eviction passe...

High Court

Bombay High Court Dismisses Tenant's Petition in Rent Default Eviction Case — Appellate Court's Decree Upheld. Tenant's deposit of rent in court without intimation to landlord and failure to pay demanded rent after notice constituted default under Section 12(3)(b) of the Bombay Rent Act.

9 Aug 2024

The case involves a dispute between landlords (Respondents) and a tenant (Petitioner) over eviction from two rooms on the ground floor of a house prop...

High Court

Bombay High Court Dismisses Union of India's Revision Against Mesne Profits Award from Date of Suit. Mesne Profits Enquiry Cannot Go Behind Decree Directing Payment from Date of Institution.

5 Aug 2024

The Union of India, as tenant of a building known as Boyce Building in Mumbai, was sued for eviction by the landlord Dr. Sam Framrose Boyce in 1979 un...

High Court

High Court of Karnataka Allows Appeal in Possession Suit, Remands Case for Fresh Consideration on Tenant's Claim of Ownership and Adverse Possession. The court set aside the trial court's decree for possession and damages, finding that the defendant's plea of adverse possession and the validity of the gift deed were not properly adjudicated.

9 Jan 2024

The appellant-defendant, Sri T.A. Kaleemulla, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment...

High Court

Bombay High Court Upholds Tenancy Rights of Legal Heirs Under Section 40 of Bombay Tenancy and Agricultural Lands Act, 1948 — MRT Order Restored. The court held that the legal heirs of a deceased tenant are entitled to be declared as tenants under Section 40 of the Bombay Tenancy and Agricultural Lands Act, 1948, and that the MRT's finding of tenancy was based on evidence of cultivation and payment of rent.

5 Jun 2023

The petitioners, who are the legal heirs of the original tenant Namdev Jadhav, challenged the order of the Maharashtra Revenue Tribunal (MRT) dated 9t...

High Court

Bombay High Court Allows Appeal in Tenancy Dispute — City Civil Court Lacks Jurisdiction Over Tenancy Questions Under Maharashtra Rent Control Act, 1999. Suit Involving Determination of Tenant Status After Death of Original Tenant Must Be Tried Exclusively by Small Cause Court.

23 Oct 2013

The appellant, M/s. Sanyam Realtors Private Limited (original defendant no.1), challenged the judgment and order dated 28.8.2012 passed by the learned...

High Court

Bombay High Court Partly Allows Tenant's Petition Challenging Eviction Decree Under Maharashtra Rent Act, 1999 — Notice Under Section 15 Held Valid Despite Inclusion of Time-Barred Rent Claim, but Eviction on Bonafide Need Set Aside as Landlord Gave Up That Ground.

15 Oct 2010

The petitioner, a tenant, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the judgment and order dated 27/4/...

High Court

Bombay High Court Allows Writ Petition Against Eviction Notice Under Public Premises Act — Tenant's Rights Upheld. The Court held that premises owned by a nationalised company not taken over by the Central Government are not 'public premises' under Section 2(e) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, and the eviction notice was invalid.

7 Jun 2010

The petitioner, Dr. Suhas H. Pophale, filed a writ petition under Article 226 of the Constitution of India challenging the judgment and order of the P...

High Court

Bombay High Court at Goa Upholds Environmental Clearance for Resort Construction in CRZ Area Subject to Conditions — Public Trust Doctrine and Precautionary Principle Applied to Protect Coastal Ecology and Local Livelihoods.

30 Nov -0001

The judgment arises from a Public Interest Litigation and connected writ petitions challenging the environmental clearance granted to M/s. Leading Hot...

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