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Bombay High Court Quashes Attachment of Premises Under PITA Act for Violation of Natural Justice. Tenant Not Given Notice or Hearing Before Attachment Under Section 18(2) of Immoral Traffic (Prevention) Act, 1956.

The petitioner, Savitri @ Sumitra Narayan Gowda, was a tenant of two rooms in Mumbai for over 30 years. In March 2008, she gave the premises on leave ...

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Bombay High Court Dismisses Appellant's Second Appeal in Housing Board Dispute — Unauthorized Construction Not Ipso Facto Nuisance but Concurrent Findings Upheld. Civil Court Has Jurisdiction Despite Section 71 Bar of Maharashtra Housing and Area Development Act, 1976 as Suit Pertains to Private Rights.

The case involves a second appeal by the original defendant No.1, Sau. Smita Mohod, against concurrent judgments and decrees passed by the Trial Court...

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Bombay High Court Dismisses Petition Seeking Dehiring of Flat by Defence Department — No Enforceable Right to Dehiring Policy Found. Writ of Mandamus Cannot Be Issued to Enforce a Policy That Does Not Confer a Legal Right on the Petitioner.

The petitioner, M/s. Chemox Exports Imports Pvt. Ltd., filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus...

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Bombay High Court Allows Landlord's Petition in Rent Control Case — Tenant's Subletting and Unauthorised Construction Established. Landlord's bona fide need for premises and tenant's breach of lease terms under Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 upheld.

The petitioner, Javerilal Premraj Jain, is the landlord of a premises situated at 59, New Bazar, Kirkee, Pune. The respondent, M/s. Asian Traders, was...

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Bombay High Court Dismisses Landlord's Writ Petition Challenging Concurrent Findings in Rent Eviction Suit — Subletting and Denial of Title Not Proved by Landlord Under Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The petitioners, legal heirs of the original plaintiff (landlord), filed a writ petition under Article 227 of the Constitution of India challenging th...

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Bombay High Court Dismisses Tenants' Writ Petition Challenging Eviction Decree for Default in Rent Payment Under Section 12(3)(a) of Bombay Rent Act. Tenants Failed to Pay Arrears Within One Month of Demand Notice and Did Not Apply for Standard Rent Fixation.

The petitioners, Madhu Manu Pawar and Sadhu Manu Pawar, were tenants of a premises owned by the respondent, Anand Mondo Mandawale. The respondent-land...

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Bombay High Court at Goa Allows Second Appeal in Consent Decree Challenge — Separate Suit to Set Aside Consent Decree on Ground of Illegality Not Maintainable. Order XXIII Rule 3A CPC Bars Such Suit; Appellate Court's Judgment Set Aside as Perverse.

The dispute originated from a suit for eviction (R.C.S. No.62/78) between the parties, who are relatives, concerning a structure/taverna in Survey No....

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Bombay High Court Dismisses Petition Challenging Rent Order Under Maharashtra Rent Control Act — Tenant's Eviction Upheld for Non-Payment of Rent. Court Held That Rent Controller's Order Directing Deposit of Rent and Mesne Profits Was Justified and Not Requiring Interference Under Article 227.

The petitioner, Somnathappa s/o Nagnathappa Halge, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 05/...