Search Results for "possession and rent arrears"

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Search Results for "possession and rent arrears"

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High Court

Bombay High Court Dismisses Appeal for Interim Relief in Specific Performance Suit — Minutes of Meeting Not a Concluded Contract. Court holds that minutes recording discussions and basic terms, without payment or execution of sale deed, do not constitute a concluded contract warranting interim protection under Specific Relief Act, 1963.

19 Oct 2013

The appellant, Bharat Petroleum Corporation Limited (BPCL), filed a suit for specific performance of an alleged agreement for sale of property against...

High Court

Bombay High Court Dismisses Application for Appointment of Arbitrator in Lease Dispute Due to Bar Under Section 41 of Provincial Small Cause Court Act, 1887. Arbitration Clause in Lease Deed Held Invalid as Dispute Relates to Recovery of Possession and Rent, Falling Within Exclusive Jurisdiction of Small Cause Court.

28 Jul 2017

The applicant, Jadavlal Mavji Patel, as lessor, filed a miscellaneous civil application under the Arbitration and Conciliation Act, 1996 seeking appoi...

Supreme Court

Supreme Court Dismisses Appeal of Spouse of Deceased Tenant in Eviction Case Under West Bengal Premises Tenancy Act, 1997 — Holds That Spouse Is Not Entitled to Lifetime Protection or Right of Preference for Fresh Tenancy in Non-Residential Premises. The Court Identifies a Casus Omissus in Section 2(g) but Declines to Fill the Gap by Judicial Interpretation.

26 Nov 2019

The appeal arose from a judgment of the Calcutta High Court affirming a decree for eviction under the West Bengal Premises Tenancy Act, 1997. The appe...

High Court

Bombay High Court Sets Aside Decree for Eviction in Rent Control Case Due to Lack of Finding on Exclusive Possession. Appellate Court Failed to Record Essential Ingredient of Subletting Under Section 13(1)(e) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, Warranting Remand.

1 Feb 2019

The writ petition under Article 227 of the Constitution arose from an eviction suit filed by the landlord (respondent) against the defendants (petitio...

High Court

High Court of Karnataka Dismisses Appeal in Suit for Declaration and Injunction — Plaint Rejected as Barred by Law Under Order 7 Rule 11 CPC. Suit by Members of Co-operative Society Against Society and Its Office Bearers Held Not Maintainable in Civil Court Due to Bar Under Section 9 CPC Read with Karnataka Co-operative Societies Act, 1959.

2 Nov 2015

The plaintiffs, who were members of the Shantinikethan Co-operative House Building Society, filed a suit (O.S. No.8/2008) before the II Additional Sen...

High Court

High Court of Karnataka Allows Municipal Council's Petition, Quashes Sessions Court Order in Property Tax Dispute. The Court held that the Sessions Court exceeded its revisional jurisdiction under Section 397 CrPC by re-appreciating evidence and setting aside a valid demand notice under Section 142(1)(v) of the Karnataka Municipalities Act, 1964.

23 May 2023

The petitioner, the City Municipal Council (now upgraded to a Municipal Corporation), filed a writ petition under Articles 226 and 227 of the Constitu...

High Court

Bombay High Court Dismisses Tenants' Second Appeal in Rent Control Case — Notification Under Bombay Rent Act Not Applicable to Karjat Village for Mixed-Use Premises. The Court held that the tenant failed to prove that the notification extending the Bombay Rent Act to Karjat covered premises used for both residential and business purposes.

31 Mar 2010

The case involves a second appeal by tenants against a decree for eviction passed by the trial court and confirmed by the first appellate court. The r...

High Court

High Court of Karnataka Dismisses Regular Second Appeal in Cooperative Society Property Dispute — Suit for Permanent Injunction Not Maintainable Due to Bar Under Section 125 of Karnataka Cooperative Societies Act, 1959. The court held that civil courts have no jurisdiction to entertain suits relating to cooperative society properties, as the Act provides a complete mechanism for resolution of disputes.

27 Feb 2018

The present regular second appeal was filed by the unsuccessful plaintiff, Nazir Ahamad, against the judgment and decree dated 11.01.2008 passed in R....

High Court

Bombay High Court Dismisses Writ Petition Challenging Production of Additional Documents in Civil Suit; Upholds Discretionary Order Under Order 7 Rule 14(3) CPC. Trial Court’s Order Allowing Late Production Found Not Perverse and Within Jurisdiction, and High Court’s Supervisory Power Under Article 227 Not Attracted Merely Because Documents Could Have Been Produced Earlier.

2 Jul 2010

The dispute arose from a civil suit for possession and mesne profits concerning a property in Goa. The plaintiffs (respondents) had filed the suit ori...

High Court

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.

11 Dec 2019

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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