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Supreme Court

Supreme Court Allows Landlord's Appeal in Eviction Dispute Under Chennai City Tenants Protection Act, 1921. The Court held that a writ petition under Article 226 of the Constitution is maintainable for eviction when no disputed facts exist, and tenants lose protection under the Act if not in actual physical possession of the building.

11 Nov 2021

The dispute arose from a lease agreement for property in Chennai, initially granted in 1960 and renewed until 31 December 2009. The appellant, the lan...

Supreme Court

Supreme Court Interprets Time Limits for Awards Under Land Acquisition Laws in Appeal Against High Court Ruling on Lapse of Proceedings. The Court Examines Whether the Two-Year Period Under Section 11A of the Land Acquisition Act, 1894 Applies Post-Repeal or the Twelve-Month Period Under Section 25 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Governs Awards Under Section 24(1)(a).

10 Nov 2021

The dispute arose from land acquisition proceedings initiated by the State of Maharashtra for the Gosikhurd Project. On 16th June 2011, a notification...

Supreme Court

Supreme Court Reverses High Court in Contract Dispute Over Business Transfer vs. License Agreement. The Court held that the agreement was a transfer of existing business, not a license in premises under Bombay Rent Act, based on plain contractual language excluding extrinsic evidence.

7 May 2021

The appeal arose from a dispute over an agreement dated 07.02.1963 between the appellant, who inherited a stationary business from her deceased husban...

Supreme Court

Supreme Court Allows Tenants' Appeal, Holds Landlord-Tenant Disputes Under Transfer of Property Act Non-Arbitrable. Dispute Arising from Lease Expiry by Efflux of Time Cannot Be Referred to Arbitration as the Subject-Matter Is Incapable of Arbitration Under Section 11(6A) of the Arbitration and Conciliation Act, 1996.

13 Feb 2019

The appeal arose from a tenancy agreement dated 02.02.2006 between the appellants (tenants) and the respondent's predecessor-in-title for godowns and ...

Supreme Court

Supreme Court Allows Restoration of First Appeal Dismissed in Default, Emphasizes Liberal Construction of Procedural Law to Advance Substantial Justice. The Court held that an order refusing to readmit an appeal under Order 41 Rule 19 CPC is appealable under Order 43 Rule 1(t) CPC, and that the application disclosed sufficient cause for restoration.

5 Feb 2019

The appeal arose from a civil suit filed by the respondent (plaintiff) against the appellant, Mysore Urban Development Authority (defendant), seeking ...

Supreme Court

Supreme Court Dismisses Lessor's Appeal Against Dismissal of Counterclaim for Eviction and Rent in Lease Dispute — Presidency Small Cause Courts Act, 1882 Section 41 Bars Counterclaim in High Court Original Suit for Specific Performance.

31 Jan 2019

The Supreme Court dismissed appeals by the legal representatives of Mahadev P. Kambekar (original defendant/lessor) against the judgment of the Bombay...

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