Search Results for "habitual default"

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Search Results for "habitual default"

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High Court

Bombay High Court Allows Landlord's Petition Against Additional Collector's Order in Rent Control Dispute — Tenant's Default Established. The court held that the tenant's admission of non-payment of rent from 1990 onwards constituted habitual default under Clause 13(3)(i) & (ii) of the C.P. and Berar Letting of Premises and Rent Control Order, 1949, and the Additional Collector's reversal was perverse.

24 Aug 2018

The petitioner, Harish Nathmal Khetan, is the landlord and owner of a three-storied building known as 'Khetan Bhavan' in Old Cotton Market, Akola. Res...

High Court

Bombay High Court at Goa Upholds Eviction of Tenant for Wilful Default in Rent Payment Despite Prior Condonation Under Section 22(3) of Goa Rent Control Act. Tenant's repeated default and failure to pay rent for 14 months justifies eviction, and benefit under Section 22(3) cannot be claimed more than once.

27 Apr 2017

The case involves a dispute between landlords (respondents) and a tenant (petitioner) over eviction from suit premises let out in January 1966 for a r...

High Court

Bombay High Court Upholds Rent Controller's Permission to Evict Tenant for Arrears of Rent but Rejects Habitual Defaulter Ground. Landlord's claim for habitual default fails due to lack of specific pleading and proof under clause 13(3)(ii) of C.P. & Berar Rent Control Order, 1949.

6 Nov 2006

The case involves two writ petitions arising from proceedings under the C.P. & Berar Rent Control Order, 1949. The landlord, Ganesh Tukaram Lonkar, so...

High Court

High Court dismissed Writ Petition Challenging Denial of Default Bail in Criminal Breach of Trust Case. Magistrate's Order sustained as Section 409 IPC Prima Facie Applicable to Trustee, Accused not entitled to Statutory Bail Under Section 167(2) CrPC

11 Mar 2026

The petitioner, who was the Secretary of a public charitable trust, was arrested in connection with allegations of cheating and forgery related to the...

High Court

High Court of Bombay at Aurangabad Considers Civil Revision on Willful Default in Rent under Hyderabad Houses (Rent, Eviction and Lease) Control Act, 1954. Tenant Challenges Concurrent Eviction Orders, Arguing Joint Family Tenancy and Non-Willful Default.

13 Jul 2012

The matter arose from a civil revision application filed before the High Court of Judicature at Bombay, Aurangabad Bench, challenging concurrent decis...

High Court

Bombay High Court Allows Tenants' Petition in Rent Control Case — Permission to Evict Set Aside for Lack of Evidence on Tenancy Month and Breach. Landlord Failed to Prove Habitual Default Under Clause 13(3)(i) and (ii) of C.P. and Berar Letting of Houses and Rent Control Order, 1949.

4 Jan 2010

The petitioners, tenants of a premises in Gondia, challenged the orders of the Rent Controller and the appellate authority granting permission to the ...

High Court

Bombay High Court Allows Landlord's Revision Against Reversal of Eviction Decree in Rent Default Case. Tenant's Willful Default Established Despite Claim of Payment Through Money Orders.

30 Jul 2015

The case involves a civil revision application filed by the landlord, Anant Tulshiramji Bajaj, against the judgment and decree of the Principal Distri...

Supreme Court

Supreme Court Allows BSFC Appeal, Upholds Auction Sale Under Section 29 of SFC Act Despite Concurrent Findings of Trial Court and High Court. Borrower's Persistent Default and Failure to Discharge Liability Justifies Corporation's Statutory Power to Sell Mortgaged Property Without Interference by Civil Court.

1 Jan 2026

The case involves an appeal by the Bihar State Financial Corporation (BSFC) against a judgment of the Patna High Court which affirmed a trial court de...

High Court

Bombay High Court Quashes Arrest Order Against Guarantors in DRT Recovery Proceedings — Recovery Officer Cannot Order Arrest Without Prior Notice and Hearing Under Section 25 of RDDBFI Act, 1993

27 Feb 2023

The petitioners, Kishor K. Mehta and Rajesh K. Mehta, were directors and guarantors of Beautiful Diamonds Company Limited, which had availed loan faci...

Supreme Court

Supreme Court Dismisses Landlord’s Appeal in Eviction Suit; Second Notice Waived First Notice Under Section 113 Transfer of Property Act. Landlord’s Subsequent Notice Treating Tenancy as Subsisting and Claiming Rent After Expiry of First Notice Constituted Waiver, Precluding Eviction Solely on Grounds in First Notice.

24 Sep 1969

In this civil appeal by special leave, the Supreme Court examined whether a landlord’s first notice terminating tenancy for default in rent was waiv...

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