Search Results for "Unauthorised Occupation"

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Search Results for "Unauthorised Occupation"

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High Court

Bombay High Court Partially Allows Petition Against Appellate Court's Order Directing Deposit of Fair Market Rent as Pre-condition for Stay of Eviction Decree in License Case. The court held that the principle of Atma Ram Properties applies to licensees but the Appellate Court cannot split the period of unlawful occupation; the licensee must deposit contractual compensation from termination of license till disposal of appeal.

27 Sep 2024

The petitioner, Safset Agencies Private Ltd., a company dealing in art, was a licensee under a Leave and Licence Agreement dated 25 September 2006 wit...

High Court

Bombay High Court Allows Landlord's Petition in Tenancy Dispute — MRT Order Set Aside for Violation of Natural Justice. Restoration of Possession Cannot Be Ordered Without Hearing the Landlord Under Section 84 of Bombay Tenancy and Agricultural Lands Act, 1948.

23 Aug 2019

The petitioners, Kacharu B. Ambekar and others, are the successors-in-interest of the original landlord of agricultural lands bearing Gat No.333 (47 A...

High Court

Bombay High Court Dismisses Petition Challenging Membership Grant to Flat Purchaser in Cooperative Housing Society. Section 23(2) of Maharashtra Cooperative Societies Act, 1960 mandates admission of purchaser as member upon transfer of share and interest in property.

26 Jul 2019

The petitioner, Punam Cooperative Housing Society Ltd., challenged an order dated 31.3.2019 passed by the Divisional Joint Registrar, Cooperative Soci...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint in Caste Validity Suit — Limitation Period Under Article 58 Not Applicable as Suit Sought Consequential Relief. Suit for Declaration and Setting Aside of Scrutiny Committee Order Governed by Article 113 of Limitation Act, 1963, and Filed Within Time.

8 Apr 2019

The appellant, Gulab Ayubkhan Pathan, filed a suit (Special Civil Suit No.5 of 2017) before the Joint Civil Judge, Senior Division, Ahmednagar, seekin...

High Court

Bombay High Court Dismisses Petitions Seeking Protection as Slum Occupants on Railway Land — Slum Act Does Not Apply to Central Government Premises Under Article 285(1) of Constitution. The court held that the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 is inapplicable to railway property, and eviction is governed by the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.

23 Jan 2017

The petitioners, occupants of railway land in Mumbai, filed writ petitions seeking a declaration that they are 'protected occupiers' under the Maharas...

High Court

Bombay High Court Dismisses Petition Challenging Municipal Commissioner's Order on Building Proposal Validity — Held That Commissioner's Decision Under Section 351 of the Mumbai Municipal Corporation Act, 1888 Is Final and Not Subject to Judicial Review on Merits.

11 Feb 2016

The petitioner, M/s Mahendra Builders, a partnership firm, filed a writ petition under Article 226 of the Constitution of India challenging an order d...

High Court

Bombay High Court Dismisses Challenge to Arbitral Award in Stock Broker Dispute — No Patent Illegality Found. Claimant's claim for refund of margin money and compensation for unauthorized trades upheld as arbitrator's findings of fact are final under Section 34 of Arbitration and Conciliation Act, 1996.

17 Dec 2014

The judgment concerns two arbitration petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging a common arbitral award da...

High Court

Bombay High Court Dismisses Appeals by Bank Employees Challenging Termination — Upholds Industrial Court's Order for Reinstatement Without Back Wages. Termination for Unauthorised Absence Held Disproportionate; Reinstatement Granted But Back Wages Denied Due to Lack of Pleading and Proof of Willingness to Work.

27 Jun 2014

The case involves two Letters Patent Appeals filed by employees of Vyapari Sahakari Bank Maryadit, Solapur, challenging their termination from service...

High Court

Bombay High Court Upholds Eviction Under Public Premises Act for Subletting Without Consent. Life Insurance Corporation's Eviction Order Against Tenant's Legal Heirs Confirmed as Subletting to Private Companies Constitutes Unauthorised Occupation.

12 Oct 2012

The case involves an appeal against an eviction order passed under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The Life Insura...

High Court

Bombay High Court Dismisses Revision Against Eviction Order Under Public Premises Act — Tenant Cannot Challenge Eviction After Rent Control Permission for Demolition and Reconstruction. Life Insurance Corporation of India, as Landlord, Sought Eviction for Bona Fide Need of Demolition and Reconstruction Under Clause 13(3)(vi) of C.P. & Berar Letting of Houses and Rent Control Order, 1949.

29 Mar 2006

The case involves a civil revision application filed by M/s Karam Chand Thapar & Bros. (C.S.) Ltd. (the tenant/applicant) against the Life Insurance C...

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