Search Results for "subsisting tenancy"

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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...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "subsisting tenancy"

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High Court

Bombay High Court Allows Landlord's Application for Possession of Tenanted Premises from Official Liquidator in Company Liquidation — Tenancy Rights Not Assets Under Section 446 of Companies Act, 1956. Monthly tenancy rights do not constitute assets of the company in liquidation; the Company Court can direct handover of possession where the Official Liquidator's need is not genuine.

12 Mar 2025

The applicants, as landlords of Flat Nos. 4 and 5 in Jaitirath Mansion, Barrack Road, Mumbai, filed an application under Section 446 of the Companies ...

High Court

Bombay High Court Dismisses Revision Application Challenging Restoration of Suit in Property Dispute — Plaint Not Barred by Res Judicata or Specific Relief Act. New Cause of Action Arising from Assignment of Lease Justifies Fresh Declaratory Suit Under Order 7 Rule 11 CPC.

17 Oct 2024

The case involves a long-standing property dispute over a plot of land in Naigaon, Dadar, Mumbai. The original lessee, Goswami Maharaj, granted a 999-...

High Court

Bombay High Court Dismisses Petition Challenging Eviction Decree in Leave and License Dispute — Licensee Not Entitled to Protected Tenancy Under Section 15A of Bombay Rent Act as License Expired Before 1 February 1973. The Court held that for claiming deemed tenancy under Section 15A, the licensee must be in occupation under a valid and subsisting license on 1 February 1973; mere continuance in possession after expiry does not confer protection.

27 Sep 2024

The Petitioner (original Defendant) challenged the concurrent decrees of eviction passed by the Trial Court and the Appellate Bench of the Small Cause...

Supreme Court

Supreme Court Allows Appeal in Maharashtra Land Ceiling Case — Partition Deed Prior to Cut-off Date Not Ignored Under Section 11 of Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961. Registered Partition Deed Dated 31.01.1970 Held Valid as It Was Executed Before 26.09.1970, Not Deemed to Avoid Ceiling Laws.

19 Feb 2020

The appeal arose from a difference of opinion between two judges of the Supreme Court regarding the validity of a partition deed dated 31.01.1970 exec...

High Court

High Court of Karnataka Upholds Rejection of Nomination Papers for Municipal Elections Due to Non-Compliance with Caste Certificate Requirements under Karnataka Municipalities Act, 1964. The court held that the Returning Officer is justified in rejecting nomination papers if the candidate fails to produce a valid caste certificate from the competent authority at the time of scrutiny, and the pendency of verification before the Scrutiny Committee does not excuse non-production.

7 Jun 2019

The petitioners, 35 individuals, filed writ petitions challenging the rejection of their nomination papers for the election to the Chickaballapur City...

High Court

High Court of Karnataka Dismisses Tenant's Appeal in Possession Suit — Sub-Lease Without Consent Validates Eviction. Tenant's unauthorized sub-lease of suit premises to third parties constitutes ground for eviction under Section 108(h) of Transfer of Property Act, 1882, and landlord entitled to possession and mesne profits.

9 Oct 2015

The plaintiff, Mohammad Ali, filed a suit for recovery of possession and arrears of rent against the first defendant, Surendra Darappa Shetty, and two...

High Court

Bombay High Court Dismisses Revision Against Eviction Decree in Lease Renewal Dispute — Option to Renew Lease Must Be Exercised Before Expiry of Term, Not After. Lease renewal option cannot be exercised after expiry of term; tenant holding over after expiry does not create right to renewal under the Transfer of Property Act, 1882.

29 Apr 2010

The case involves a dispute between Hindustan Petroleum Corporation Ltd. (HPCL), the applicant/defendant, and Navjeevan Co-operative Housing Society L...

High Court

Bombay High Court Allows Tenant's Possession Claim Under Section 17 of Bombay Rent Act After Building Destroyed by Fire — Appellate Court Erred in Dismissing Suit Based on Open Space Finding. Tenancy rights survive destruction of premises; filing suit constitutes notice of intention to occupy under Section 17(C)(2)(b) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

14 Jan 2010

The petitioners are the legal representatives of the original plaintiff, who filed a suit for possession against the original defendant, the landlord....

High Court

Bombay High Court Dismisses Petition Challenging Eviction of Tenant for Subletting and Unauthorised Assignment. Transfer of Property Act, 1882 Section 106 Notice Upheld as Valid.

26 Sep 2006

The case involves a dispute over eviction of a tenant from premises in Mumbai. The original landlord, Mr. N.V. Baliga, owned a building at 257, Frere ...

High Court

Bombay High Court Declares Defendant Trespasser and Orders Possession and Mesne Profits in Partnership Dissolution Dispute. Executor of Deceased Partner Succeeds in Establishing Right to Suit Premises.

2 May 2006

The suit was filed by the original plaintiff Lakchand Dhanji Shah, executor under the will of Narshi Hansraj Khona (deceased), against the defendant N...

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