Search Results for "Transfer of Property Act"

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Case Analysis on Unauthorized Construction in Rental Property. A dispute regarding unauthorized permanent construction without landlord’s consent under the Maharashtra Rent Control Act, 1999.

The Bombay High Court addressed a petition filed by Mrs. Binaifer Batiwala, challenging an eviction order issued by the Appellate Court. The dispute s...

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High Court Dismisses Plea of Possession Over Disputed Premises. "Entry via License, Not Lease: Court Upholds Eviction, Denying Claim to Occupy Premises"

The Bombay High Court dismissed the Civil Revision Application and Writ Petition concerning possession over a flat based on disputed lease rights. The...

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Eviction Decree Confirmed for Change of Premises Use. High Court upheld the eviction of tenants for breaching terms under Section 108(o) of the Transfer of Property Act by using commercial premises for residential purposes.

The Bombay High Court upheld an eviction decree initially passed by the Trial Court and confirmed by the Appellate Court. The eviction was based on th...

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Supreme Court Upholds High Court’s Decision, Dismisses Appeals on Property Ownership Dispute Land ownership, possession rights, and the doctrine of adverse possession scrutinized in depth.

The Supreme Court of India, dismissed the appeals filed by Neelam Gupta and others, upholding the High Court’s ruling granting possession rights to ...

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"High Court Decrees Specific Performance; Doctrine of Lis Pendens Applied to Override Subsequent Sale" "Litigation pendente lite affects all subsequent alienations, regardless of notice to the purchaser."

The appeal was dismissed, affirming the High Court’s decision that allowed the specific performance of a sale agreement. The High Court applied the ...

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Legal Examination of Civil Suit Admissibility Without Pre-Notice: A Conflict of Judicial Views. Court Clarifies Requirement of Section 115 Notice Under the NIT Act for Civil Suits Against Public Bodies.

This case revolves around whether a civil suit can be filed against the Nagpur Improvement Trust (NIT) without first issuing a notice as required unde...

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High Court Dismisses Frivolous Arbitration Petition in Redevelopment Dispute. Court criticizes misuse of Section 9 of the Arbitration & Conciliation Act by the developer, imposes costs for vexatious litigation.

The Bombay High Court dismissed a petition under Section 9 of the Arbitration & Conciliation Act, 1996 filed by a developer against a cooperative ...

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"High Court of Bombay Dismisses Amendment Application in SR Enterprises vs. Gurbachan Kaur Jattinder Singh Chadha Case" "Amendment seeking to challenge Deed of Conveyance and implead new party rejected; Liberty granted to file fresh application on limited facts."

The Bombay High Court, through Justice Arif S. Doctor, dismissed an Interim Application (IA) by the Plaintiff, SR Enterprises. The IA sought to amend ...

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Supreme Court Upholds Stamp Duty and Registration Requirements for Sale Agreements. Clarity on Stamp Duty Liability for Agreements Preceding Sale Deeds.

The Supreme Court of India reaffirmed the obligation to pay appropriate stamp duty on sale agreements preceding registered sale deeds. The Court rule...

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Appeal Allowed: Judgment Restored by Apex Court on Use of Common Passage in Property Dispute. The Supreme Court overturns the first appellate court’s decision, restoring the trial court’s judgment in a long-standing property dispute involving access to a common passage between two properties.

The right to access and use a common passage between two properties (A & B) on Rajpur Road, Civil Lines, Delhi, the plaintiff-respondents, represe...