Search Results for "Code of Civil Procedure"

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"High Court of Bombay Modifies Probate Judgment: Letters of Administration with Will Annexed Granted" "A 50-year-old Will dispute resolved with critical emphasis on secondary evidence and suspicious circumstances."

The probate of a Will executed in 1956, the Bombay High Court granted Letters of Administration with the Will annexed, modifying the previous order wh...

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Dispute over Tenancy Rights in Sohni Mansion, Mumbai A civil revision application dealing with the complex issue of tenancy succession under the Bombay Rent Act, 1947, with the High Court deliberating on familial ties and residence claims.

The applicant,  claimed to be the nephew of the original tenant, Dinamai, and argued that he had lived with her as a family member from 1974 until he...

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Writ Petition Dismissed: Appellate and Trial Court Decree Confirmed for Eviction of Defendant from Suit Premises. Legal heirs of the defendant fail to claim protected tenancy under Bombay Rent Act, 1947 after license expiry; Indian Railways ownership claim dismissed as irrelevant.

Writ petition challenging the eviction order passed by the Small Causes Court, the court dismissed the defendant's claim for protected tenancy under S...

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Dispute Over Eviction and Fair Market Rent in License Agreement: Applicability of Atma Ram Properties Principle in Licensee Eviction Cases

The Bombay High Court deliberated on whether a licensee, after the termination of the license agreement, should be directed to pay fair market rent or...

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Amendment in Specific Performance Suit Allowed by Bombay High Court. Rejection of Amendment Reversed by High Court to Prevent Multiplicity of Proceedings and Include Subsequent Developments

The Bombay High Court, in its judgment dated 1 July 2024, allowed the petitioner’s application for amendment in a suit for specific performance. The...

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"Civil Revision Application Dismissed: Court Upholds Suit Against Tahsildar's Order" Civil suit challenging revenue officer's decision deemed within the jurisdiction of the Civil Court, despite alternative remedies.

The Bombay High Court in Jarasand S/O Suryabhan Borkar v. Bhagwat S/O Suryakant Kale and Others deals with a Civil Revision Application challenging th...

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"Bombay High Court Dismisses Civil Revision Application Under Section 115 CPC in Light of Section 34(4) of Maharashtra Rent Control Act" "Applicants must seek remedy before the Appellate Bench under the MRC Act, not directly before the High Court."

The Bombay High Court dismissed the Civil Revision Application filed under Section 115 of the Code of Civil Procedure, 1908, stating that the proper r...

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Eviction decree upheld on grounds of subletting and bona fide requirement; application for comparative hardship dismissed.

The case revolves around an eviction suit filed by the plaintiffs, trustees of Noor Hospital, against the defendant (Shree Durga Trading Co.) for subl...

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Supreme Court Overrules Calcutta High Court in a Landmark Tenancy Case. Landlord-Tenant Dispute Revoked by the Apex Court, Clarifying the Applicability of West Bengal Premises Tenancy Act, 1997.

The Supreme Court set aside the judgments of the Single and Division Bench of the Calcutta High Court. The Apex Court held that the tenancy rights inh...

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Supreme Court Affirms Trust Status of Kamakala Kameshwarar Temple Property. The apex court dismisses the appellant's claim to ownership, holding that the property is part of a trust under the management of the temple.

The Supreme Court dismissed the appellant's claim of absolute ownership over a property adjacent to the Kamakala Kameshwarar Temple. The court upheld ...