Search Results for "Heritability"

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Search Results for "Heritability"

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High Court

Bombay High Court at Goa Holds That Right of a Mundkar in a Dwelling House Is Heritable Under Section 3 of the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975. The court interpreted the definition of 'mundkar' to include family members and held that the right to occupy a dwelling house passes to legal heirs upon death.

18 Dec 2013

The judgment concerns two writ petitions filed in the High Court of Bombay at Goa, which were heard together to decide the issue of the extent of heri...

Supreme Court

Supreme Court Refers Satyawati Sharma to Larger Bench in Delhi Rent Control Eviction Case — Landlord's Bonafide Need for Non-Residential Premises Under Section 14(1)(e) of Delhi Rent Control Act, 1958

5 Aug 2019

The Supreme Court was hearing a batch of appeals arising from eviction petitions filed by landlords under Section 14(1)(e) of the Delhi Rent Control A...

High Court

Bombay High Court Allows Second Appeal in Tenancy Dispute — Holds That First Appellate Court Erred in Concluding Tenancy Inheritance Without Proper Pleadings. The court ruled that the respondent/defendants failed to plead facts indicating inheritance of tenancy rights from deceased tenant Sakharam Bhikaro Naik, and the first appellate court misdirected itself in determining commercial tenancy based on purpose of letting rather than actual user.

21 Feb 2014

The case involves a second appeal filed by the appellants, who are owners of a property in Mapusa, Goa, against the judgment of the first appellate co...

High Court

High Court of Karnataka Upholds Lease Rights of Deceased Lessee's Legal Heir in Municipal Property Dispute. City Municipal Council's Notice of Termination Quashed for Violating Principles of Natural Justice and Failing to Provide Opportunity of Hearing.

6 Jun 2024

The case involves an intra-court appeal filed by the City Municipal Council, Channapatna, against an order of a learned Single Judge allowing a writ p...

High Court

Bombay High Court Allows Landlord to Sue Unknown Heirs in Eviction Proceedings — Procedure for Service by Substituted Service and Appointment of Administrator General. The court held that a landlord may file an eviction suit against 'heirs and legal representatives, if any' of a deceased tenant when their names and addresses are unknown, and the court may direct substituted service and appoint the Administrator General to represent the estate.

11 Apr 2018

The Bombay High Court addressed a procedural dilemma faced by landlords in Mumbai when a tenant dies and the landlord is unable to identify or locate ...

High Court

Bombay High Court Dismisses Petition of Public Trust Challenging Heritability of Tenancy. Tenancy of Public Trust Held Heritable Under Bombay Tenancy and Agricultural Lands Act, 1948, Affirming Maharashtra Revenue Tribunal's Order.

20 Jul 2006

The petitioner, Shri Maroti Sansthan, a public trust, challenged the order of the Maharashtra Revenue Tribunal dated 31.03.1992, which held that the t...

High Court

Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Specific Performance — Concurrent findings of fact by trial and appellate courts cannot be interfered with under Article 227 unless perverse or without jurisdiction.

30 Nov -0001

The petitioners, legal representatives of the original defendant Shankar Mahada Kardile, filed a writ petition under Article 227 of the Constitution o...

Supreme Court

Supreme Court Allows Appeal in Rent Control Eviction Case, Restoring Trial Court's Order on Unauthorized Subletting. High Court's Revisional Interference Found Impermissible as It Reappreciated Evidence Beyond Jurisdictional Limits Under Section 46 of Karnataka Rent Act, 1999.

10 Apr 2026

The dispute arose from eviction proceedings initiated by the landlord against the tenant, a partnership firm, under the Karnataka Rent Act, 1999. The ...

High Court

High Court of Karnataka Dismisses Regular Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court upholds trial and appellate court decrees granting 1/3rd share to plaintiffs in joint family property, rejecting defendants' claim of prior partition.

26 Sep 2024

The present regular second appeal was filed by defendants No.1 to 6 (appellants) under Order XLII Rule 1 read with Section 100 of the Code of Civil Pr...

Supreme Court

Supreme Court Dismisses Appeal in Inventory Proceedings Under Portuguese Civil Procedure Code Regarding Heritability of Auction Rights. The court held that rights from a successful bid in licitation are heritable under Article 1737 of the Portuguese Civil Procedure Code, 1867, as they are not personal, and the obligation to deposit arises only after final partition, allowing heirs to claim the property.

19 Sep 2022

The dispute originated from inventory proceedings under the Portuguese Civil Procedure Code, initiated in 1985 for the partition of the estate of Lt. ...

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