Search Results for "eviction grounds"

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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...
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Search Results for "eviction grounds"

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High Court

Bombay High Court Dismisses Second Appeal in Suit for Declaration of Ownership and Injunction — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court held that the appellants failed to prove their title over the suit property and that the sale deed executed by the original owner in favor of the respondents was valid.

23 Dec 2014

The appellants, original plaintiffs, filed a suit for declaration of ownership and permanent injunction in respect of agricultural land. They claimed ...

High Court

Bombay High Court Dismisses Review Application in Second Appeal for Failure to Frame Substantial Question of Law — Error Not Apparent on Record. Non-formulation of substantial question of law under Section 100(4) CPC is a procedural irregularity correctable in appeal, not review under Section 114 CPC.

23 Dec 2014

The applicants, Park View Cooperative Housing Society Ltd. and Vinayak Narayan Ghatate, were the respondents in Second Appeal No.110/2011 before the B...

High Court

Bombay High Court Grants Leave to Trustees to Prosecute Eviction Suit Despite Court Receiver's Appointment — Leave Held Not Required for Period When Receiver Was Not in Possession. The Court held that since the Court Receiver was never in actual possession of the suit flat, the Applicants did not require leave to continue the RAE Suit under Section 80 CPC.

16 Jun 2015

The Applicants, as Trustees under an Indenture of Trust dated 6th October 1937, are the owners and landlords of a building known as 'Dhun Abad' at 106...

High Court

Bombay High Court Dismisses PIL Challenging SRA Scheme for Lack of Public Interest. Court finds that the petition is not a genuine public interest litigation but is filed to further personal interests of the petitioner.

9 Aug 2016

The petitioner, claiming to be the President of Mumbai Division of Maharashtra Machhimar Kruti Samiti, filed a Public Interest Litigation challenging ...

High Court

Bombay High Court Allows Intervention Applications in Municipal Solid Waste Management PIL — Directions Issued for Compliance with MSW Rules, 2000 and Payment of User Charges by Bulk Waste Generators. The Court held that the consent order dated 2nd April 2013 is binding on all stakeholders and that the Municipal Corporation is entitled to recover user charges from bulk waste generators for solid waste management services.

3 Aug 2018

This judgment arises from Civil Application No. 221 of 2013 and Civil Application No. 58 of 2017 filed in Public Interest Litigation No. 217 of 2009, ...

High Court

High Court of Karnataka Allows Revision Petition in Domestic Violence Case — Sets Aside Appellate Order for Lack of Proper Application of Mind. The court held that the appellate court's judgment was divergent and not sustainable under Sections 9(b) and 37(2)(c) of the Protection of Women from Domestic Violence Act, 2005.

19 Jan 2016

The case involves a criminal revision petition filed by Sri Ramachandrachar against an order dated 23.12.2011 passed by the Presiding Officer, Fast Tr...

Supreme Court

Supreme Court Dismisses Landlord’s Appeal in Bihar Tenancy Dispute; Thika Patta Held to be Lease, Not Mortgage. Tenants of a Tenure-Holder, Being Settled Raiyats Under Bihar Tenancy Act, 1885, Acquired Occupancy Rights and Could Not Be Evicted After Expiry of Head Lease.

11 Apr 1968

The dispute arose from a thika patta executed by the predecessor-in-interest of the plaintiff (appellant) in favor of B, covering a village for a term...

High Court

Bombay High Court Dismisses Judgment Debtor's Writ Petition Challenging Executing Court’s Order on Unsigned Decree; Upholds Broad Interpretation of ‘Successor’ Under Order 20 Rule 8 CPC. Court rules that the word ‘successor’ in Order 20 Rule 8 of Code of Civil Procedure includes remote successors, not just immediate successor, and delay in raising the objection amounted to waiver.

10 Oct 2017

The dispute arose from an eviction decree passed on 11 September 2003 in Regular Civil Suit No. 107 of 2002 by a Civil Court at Nagpur. The decree dir...

High Court

Bombay High Court Examines Whether Assignee Bank Can Invoke SARFAESI Act for Debt Assigned by NBFC. The case involves interpretation of 'debt' and 'secured creditor' under SARFAESI Act, 2002 and RDDBFI Act, 1993, and the effect of assignment from a non-banking financial company to a bank.

16 Jul 2015

The petitioner, a banking company, sought to enforce security interest under the SARFAESI Act after acquiring a debt and underlying security from a no...

High Court

Bombay High Court Quashes Orders of Tahsildar and Deputy Collector; Remands Tenancy Possession Dispute for Fresh Consideration. Tahsildar Lacked Jurisdiction Under Section 98A of Hyderabad Tenancy and Agricultural Lands Act, 1950.

23 Jan 2012

The dispute centred on possession of tenancy land protected under the Hyderabad Tenancy and Agricultural Lands Act, 1950. The original owner was Madan...

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