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High Court Dismisses Developer's Petition for Interim Relief and Arbitrator Appointment in Redevelopment Dispute -- Section 9 and Section 11 of Arbitration Act Applications Denied

The High Court dismissed both petitions filed by Petitioner against Respondents -- The Petitioner sought interim measures under Section 9 of the Arbit...

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Supreme Court Dismisses Tenants' Appeal in Eviction Case Under Maharashtra Rent Control Act — Non-User, Nuisance, and Subletting Grounds Upheld. Tenancy in Minor's Name Valid After Attaining Majority; Father's Possession Deemed Unauthorized Subletting.

The Supreme Court dismissed the appeal filed by the tenants against the eviction decree passed by the Bombay High Court. The original suit was filed b...

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High Court of Karnataka Allows Petition Challenging Small Causes Court Jurisdiction in Eviction Suit Where Tenant Denies Landlord-Tenant Relationship. Denial of Jural Relationship Ousts Jurisdiction of Small Causes Court Under Section 8(1) of Karnataka Small Causes Courts Act, 1964.

The petitioner, Sri Pankaj L Kothari, was the sole defendant in a small causes case (S.C.1845/12) filed by the respondent, Sri T.K. Nagaraj, seeking e...

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Bombay High Court Dismisses Application for Recall/Review of Order Allowing Secured Creditor to Release Leasehold Rights. Applicant, an ex-director and guarantor, lacked locus standi as he was not a party to the original application and no fraud or mistake was established.

The judgment concerns an application filed by Mr Shashikant Pasari, an ex-director and guarantor of Rajan (Textile) Mills Pvt Ltd (in liquidation), se...

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Bombay High Court Dismisses Developer's Interim Application in Development Agreement Dispute — Prima Facie Case Not Made Out as Agreement Was Terminated for Non-Performance. Specific Performance Claim Requires Trial; No Irreparable Loss Shown.

The Plaintiffs, Shantilal J. Shah and others, filed a suit seeking a declaration that a Development Agreement dated 25th September 2007 and an Irrevoc...

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Bombay High Court Allows Landlord's Petition in Eviction Case Based on Bonafide Need Under C.P. & Berar Rent Control Order, 1949 — Reversing Appellate Court's Dismissal of Suit.

The petitioner, Tirathdas Pokhardas Kalda, aged about 83 years, is the owner of a house at Teen Nal square, Nagpur, which includes a shop block of abo...

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Bombay High Court Quashes Eviction Orders Against Tenant in Public Premises Act Case — Estate Officer Lacks Jurisdiction Over Genuine Tenancy Dispute. Lawful Tenant Cannot Be Evicted Under Public Premises (Eviction of Unauthorised Occupants) Act, 1971; Dispute Must Be Adjudicated by Civil Court.

The petitioner, Nusli Neville Wadia, was a lawful monthly tenant of Flat No.B/27 at Mayfair Gardens, Malabar Hill, Mumbai, since 1 October 1972, payin...

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Bombay High Court Dismisses Both Challenges to Court Receiver's Royalty Fixation in Family Property Dispute. Court upholds Receiver's order fixing royalty at Rs. 1,50,000/- per month, finding no perversity or lack of material.

The dispute arises out of a family property and business conflict between the plaintiff, Majid Ahmedbhai Oomerbhoy, and the defendants, including Rash...