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Bombay High Court Dismisses Appeal Against Refusal of Injunction in Municipal Demolition Case. Assessment of Property Tax Does Not Confer Legality on Unauthorised Construction Under Section 351 of Mumbai Municipal Corporation Act, 1888.

The appellant, a tenant of a shop in Mumbai, filed an appeal against an order of the City Civil Court, Mumbai, refusing to grant ad interim injunction...

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Bombay High Court Delivers Common Judgment in Letters Patent Appeals Against Dismissal of Writ Petitions in Land Lease Resumption Case — Outcome Not Stated in Provided Excerpt

The dispute pertained to a plot of land in Bandra, Mumbai, originally leased by the Secretary of State for India in 1906 to Mrs. E.J. Menesse and othe...

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Bombay High Court Dismisses Second Appeal in Property Dispute — Upholds Concurrent Findings of Lower Courts. Plaintiff Failed to Prove Title and Possession Over Suit Shop; Adverse Possession Claim Rejected Under Limitation Act.

The case involves a second appeal filed by the appellant, who is the grand-daughter-in-law of the original plaintiff Gangabai Gilda. The suit property...

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Karnataka High Court Considers Second Appeal in Property Dispute: Unregistered Sale Deed and Adverse Possession. The Substantial Questions of Law Include Whether Unregistered Sale Deed Can Be Used Collaterally to Establish Possession for Adverse Possession.

The present regular second appeal was filed by the legal representatives of the original plaintiff, Sudheendra Rao Kasabe, challenging the judgment an...

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Supreme Court Dismisses Tenant's Appeal, Holds Section 84 Not an Alternative to Section 29(1) in Bombay Tenancy Act. Court Rules Invalid Surrender Does Not Entitle Tenant to Summary Eviction Under Section 84, Remedy Lies with Mamlatdar Under Section 29(1).

The dispute arose under the Bombay Tenancy and Agricultural Lands Act, 1948. Respondent 1, the landowner, owned two survey numbers in Panchmahals, Guj...

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Bombay High Court Upholds Eviction Order Under Public Premises Act but Reduces Damages — LIC vs NIC Dispute Over Flat Occupancy. The court held that the Appellate Authority's reduction of damages and stay on execution pending High Power Committee decision was justified, but eviction order was valid.

The dispute involves two public sector undertakings: Life Insurance Corporation of India (LIC), the owner of a flat, and National Insurance Company Lt...

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Bombay High Court Allows Petition by Port Trust Against Sub-Tenant — Eviction Order Restored Under Public Premises Act. Sub-tenant cannot claim protection under Mumbai Municipal Corporation Act as premises are governed by the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.

The petitioner, the Board of Trustees of the Port of Mumbai (a statutory corporation), filed a writ petition challenging an order of the City Civil Co...

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Bombay High Court Allows Petitions Against Demolition of Tenanted Premises Without Notice. Municipal Corporation Directed to Follow Due Process Under Section 354 of Mumbai Municipal Corporation Act, 1888 Before Demolishing Structures Occupied by Tenants.

The petitioners, Mrs. Lilly P. Pandit, Mr. Ivan D'Souza, and Mr. Abbas Masalawala, are tenants residing in rooms on the ground floor of 30 Mistry Buil...