Search Results for "Statutory Tenancy"

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Bombay High Court Allows Appeal Against Remand Order in Specific Performance Suit — Trial Court's Dismissal of Suit for Want of Proof Restored. Remand by First Appellate Court Set Aside as It Failed to Consider That Plaintiff Did Not Prove Readiness and Willingness to Perform Contract.

The appellant, Subhadrabai Thakre, filed a suit for specific performance of an agreement of sale dated 28.3.2002, by which she agreed to purchase agri...

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Bombay High Court Dismisses Writ Petition Challenging Small Causes Court Jurisdiction in Rent Dispute. Dispute between a person claiming to be a joint tenant and a trespasser is a suit under the Bombay Rents, Hotel Lodging House Rates Control Act, 1947, triable by the Small Causes Court.

The petitioner, Mrs. Mani Seervai, challenged an order dated 28th February 1986 passed by the Court of Small Causes in R.A.E. Suit No. 1058/3267 of 19...

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Bombay High Court Dismisses Appeal Against Rejection of Injunction in Municipal Notice Challenge. Notice under Section 354 of MMC Act for demolition of dilapidated building held valid despite alleged lack of service to occupier, as reconstruction of already demolished room cannot be ordered.

The appellants, Sumitra Shashikant Khokhani, Vishesh Shashikant Khokhani, and Sanjay Shashikant Khokhani, were occupants of room No. D-4 admeasuring 2...

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Bombay High Court Dismisses Developer's Suit for Specific Performance Against Cooperative Housing Society and Members Due to Lack of Privity and Authority. The court held that a cooperative society cannot bind its members to a development agreement without their consent, and the suit was not maintainable.

The plaintiff, Vardhman Developers Ltd., filed a suit for specific performance of a development agreement against Borla Co-operative Housing Society L...

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Bombay High Court Dismisses Petition by Maharashtra Industrial Development Corporation Challenging Reinstatement Order. Employer-Employee Relationship Established Despite Contractor System, Termination Held Unfair Labour Practice Under MRTU & PULP Act.

The petitioner, Maharashtra Industrial Development Corporation, challenged the order of the Industrial Court dated 17/9/1999, which reversed the Labou...

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Bombay High Court Dismisses Tenants' Petition in Eviction Suit Based on Acquisition of Suitable Alternative Accommodation and Subletting. Tenant's acquisition of government bungalow and subletting to sister-in-law justified eviction under Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The petitioners, tenants, challenged the judgment and order of the lower appellate court dated 25th October 1993, which dismissed their appeal and con...

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Bombay High Court Dismisses Second Appeal in Forest Land Adverse Possession Claim — No Title by Adverse Possession Against Government Over Forest Land Without Notification Under Section 4 of Indian Forest Act, 1927.

The case involves a second appeal filed by the legal representatives of the original plaintiff, Rambhau Mhatarba Fud, against the dismissal of his sui...

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Bombay High Court Allows Appeal Against Order Rejecting Plaint in Suit for Injunction and Declaration — Dispute Over Common Passage in Residential Building. Court Holds That Disputed Passage Is Not an 'Open Space' Under MOFA Section 1A(e) and That the Suit Is Not Barred by Limitation or Res Judicata.

The appellants, Zenobia R. Poonawala and Rohinton Poonwala, are residents of Flat No.9 in Rutton Manor, a residential building in Colaba, Mumbai. They...

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Bombay High Court Dismisses PIL Seeking CBI Investigation into Lavasa Hill Station Project for Lack of Credible Material. Petitioner's vague allegations against politicians and officials did not establish a prima facie case for criminal investigation under the Code of Criminal Procedure, 1973.

The petitioner, Nanasaheb Vasantrao Jadhav, an agriculturist and advocate, filed a Public Interest Litigation (PIL) seeking a direction for registrati...

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Bombay High Court Dismisses Writ Petition Challenging Minister's Order for Enquiry Under Section 59(b) of MLRC. Sale of Watan Land After Re-grant on Old Tenure Requires Enquiry Regarding Permission Under Circular Dated 13 November 1979.

The case involves a challenge by the petitioners, Vishwanath Sahadu Wakhare and others, against an order dated 11 December 2020 passed by the Hon'ble ...