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Bombay High Court Dismisses Developer's Section 9 Petition for Possession Against Tenant in Arbitration Dispute — Interim Relief Denied as Disputed Questions of Fact Require Trial

The petitioner, M/s. Gandhi Adhivitiya Combine, a developer, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking a...

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High Court Dismisses Writ Petition Challenging Eviction Order Under Public Premises Act - Petitioners Legal Heirs Fail to Overturn Eviction from Bank-Owned Premises in Pune

The judgment involves a Writ Petition under Article 227 of the Constitution of India filed by the legal representatives of Petitioners, challenging th...

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Bombay High Court Dismisses Petition Challenging Notice for Unauthorized Commercial Construction Under Section 260(1) of MMC Act. Petitioner failed to produce any construction permission or approved plans for hotel, bakery, and other commercial units, leading to dismissal of writ petition.

The petitioner, Sakib Ayub Khan, filed a writ petition under Article 226 of the Constitution of India challenging a notice dated 21 February 2023 issu...

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Supreme Court Allows Landlord's Appeal in Eviction Case Under UP Urban Buildings Act, 1972. Prescribed Authority's finding of bona fide need and comparative hardship under Section 21(1)(a) reinstated as Appellate Authority's reversal lacked sufficient reasoning.

The appeal arose from a landlord-tenant dispute over a cinema building in Allahabad. The appellant, successor-in-interest to Murlidhar Aggarwal, sough...

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Bombay High Court Allows Petitions Challenging Demolition of Structures by Nashik Municipal Corporation Without Proper Notice and Hearing. Demolition Without Prior Notice Violates Principles of Natural Justice Under Section 53A of MRTP Act and Section 169 of MMC Act.

The judgment involves a group of writ petitions filed by individuals and businesses challenging the demolition of their structures by the Nashik Munic...

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Bombay High Court Upholds Temporary Injunction in Property Dispute Based on Agreement to Sell and Possessory Rights. Court Restrains Defendant from Alienating Suit Property or Acting on Assignment Deed, Directs Plaintiff to Pay Accommodation Charges to Tenants.

The dispute pertains to a property known as 'Sharda Niwas' in Goregaon, Mumbai. The plaintiff, Jagdish Harkishan Sharma, claimed to have entered into ...

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High Court of Judicature at Bombay Upholds Rejection of Change of Use Application for Stilt Parking Area under MRTP Act. Court rules that use of stilt area in cinema building cannot be changed without prior permission from planning authority as per sanctioned plan.

The dispute pertained to a writ petition filed by the petitioners, who claimed tenancy rights over a 2520 sq. ft. area in the Ganga-Jamuna Cinemas bui...

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Bombay High Court Dismisses Tenant's Revision in Rent Control Eviction — Landlord's Bonafide Requirement for Wife's Business Upheld. Concurrent Findings of Fact Not Interfered With Under Section 16(1)(g) of Maharashtra Rent Control Act, 1999.

The case involves a civil revision application filed by the tenant, Santosh Sampatrao Chhajed, against the concurrent judgments of the Small Causes Co...

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Gujarat High Court Dismisses Tenant's Revision in Rent Arrears Case — Tenant Failed to Pay Rent Despite Notice Under Section 12(2) of Bombay Rent Act. Eviction Decree Confirmed as Tenant's Default Attracts Section 12(3)(a) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The case involves a civil revision application under Section 29(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (the Rent Act)...