Eviction

Supreme Court directs Civil Suit for Eviction in Property Dispute: Western Coalfields Ltd. vs. Ballapur Collieries (2018)

/ Abhay Manohar Sapre, Eviction, Eviction under Public Premises (Eviction of Unauthorized Occupation) Act, 1971, Indu Malhotra, Judges, Property Law, Property Law with Civil Suit, Public Premises (Eviction of Unauthorized Occupation) Act, 1971

Supreme Court directs Civil Suit for Eviction in Property Dispute: Western Coalfields Ltd. vs. Ballapur Collieries (2018) LEGAL ISSUE: Whether eviction proceedings under the Public Premises (Eviction of Unauthorized Occupation) Act, 1971 are appropriate when complex factual disputes exist regarding property occupation. CASE TYPE: Property Law, Eviction Case Name: Western Coalfields Ltd. & Anr. vs. […]

Supreme Court directs Civil Suit for Eviction in Property Dispute: Western Coalfields Ltd. vs. Ballapur Collieries (2018) Read Post »

Supreme Court Upholds Eviction for Reconstruction: Ram Raj Chaurasia vs. Sharda Devi (20 November 2018)

/ Civil Appeal, Civil Law, Deepak Gupta, Eviction, Hemant Gupta, Judges, Kurian Joseph, Landlord-Tenant Law, Reconstruction

Supreme Court Upholds Eviction for Reconstruction: Ram Raj Chaurasia vs. Sharda Devi (2018) LEGAL ISSUE: Whether a tenant can challenge an eviction order based on the landlord’s stated need for reconstruction, even if the reconstruction does not immediately occur. CASE TYPE: Landlord-Tenant Dispute, Eviction Case Name: Ram Raj Chaurasia vs. Sharda Devi & Anr. [Judgment

Supreme Court Upholds Eviction for Reconstruction: Ram Raj Chaurasia vs. Sharda Devi (20 November 2018) Read Post »

Supreme Court Upholds University’s Right to Evict Retired Employees from Housing: Ranchi University vs. Jharkhand State Housing Board (2018)

/ Abhay Manohar Sapre, Breach of contract, Contract Law, Contractual Obligations, Employee Rights, Eviction, Indu Malhotra, Judges, Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Retirement Benefits, Service Law

Supreme Court Upholds University’s Right to Evict Retired Employees from Housing: Ranchi University vs. Jharkhand State Housing Board (2018) LEGAL ISSUE: Whether retired employees of a university can claim a right to continue occupying university-allotted housing after their retirement, based on a cancelled allotment and subsequent payment to the housing board. CASE TYPE: Civil Law

Supreme Court Upholds University’s Right to Evict Retired Employees from Housing: Ranchi University vs. Jharkhand State Housing Board (2018) Read Post »

Supreme Court clarifies the role of Revisionary Court in eviction cases: Hiya Associates vs. Nakshatra Properties (2018)

/ Abhay Manohar Sapre, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order 41, Eviction, Execution of Decree, Judges, Maharashtra Rent Control Act, 1999, Maharashtra Rent Control Act, 1999 with Section 16(1)(n), Mohan M. Shantanagoudar

Supreme Court clarifies the role of Revisionary Court in eviction cases: Hiya Associates vs. Nakshatra Properties (2018) LEGAL ISSUE: The core legal issue revolves around the appropriate procedure for a Revisionary Court to follow when reviewing an order from an Executing Court in an eviction case. CASE TYPE: This case falls under the ambit of

Supreme Court clarifies the role of Revisionary Court in eviction cases: Hiya Associates vs. Nakshatra Properties (2018) Read Post »

Supreme Court Remands Landlord-Tenant Dispute: Biswajit Sukul vs. Deo Chand Sarda (2018)

/ Abhay Manohar Sapre, Appellate Procedure, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order 41 Rule 22, Cross-Objections, Eviction, Judges, Landlord and Tenant, S. Abdul Nazeer

Supreme Court Remands Landlord-Tenant Dispute: Biswajit Sukul vs. Deo Chand Sarda (2018) LEGAL ISSUE: Procedural error in appellate review of a landlord-tenant dispute. CASE TYPE: Civil Case Name: Biswajit Sukul vs. Deo Chand Sarda & Ors. Judgment Date: 25 September 2018 Date of the Judgment: 25 September 2018 Citation: (2018) INSC 858 Judges: Abhay Manohar

Supreme Court Remands Landlord-Tenant Dispute: Biswajit Sukul vs. Deo Chand Sarda (2018) Read Post »

Supreme Court settles Eviction Dispute Through Mediation: Doris John vs. Jane Wesley (2018)

/ Civil Law, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Mediation, Eviction, Judges, Kurian Joseph, Mediation, Sanjay Kishan Kaul, Settlement

Supreme Court Settles Eviction Dispute Through Mediation: Doris John vs. Jane Wesley (2018) LEGAL ISSUE: Resolution of eviction disputes through mediation. CASE TYPE: Civil Appeal (Eviction). Case Name: Doris John & Anr. vs. Jane Wesley. [Judgment Date]: 19 September 2018 Introduction Date of the Judgment: 19 September 2018 Citation: Not Available Judges: Kurian Joseph, J.,

Supreme Court settles Eviction Dispute Through Mediation: Doris John vs. Jane Wesley (2018) Read Post »

Supreme Court Allows Tenant to Challenge Eviction Despite Previous Orders: Rekha Gurunath Mhashelkar vs. Yashwant Vichare (2018)

/ Civil Law, Code of Civil Procedure, Code of Civil Procedure with Order IX Rule 13, Eviction, Judges, Kurian Joseph, Sanjay Kishan Kaul

Supreme Court Allows Tenant to Challenge Eviction Despite Previous Orders: Rekha Gurunath Mhashelkar vs. Yashwant Vichare (2018) LEGAL ISSUE: Whether a tenant can pursue legal remedies against an eviction order despite prior ex-parte decrees and execution. CASE TYPE: Civil (Eviction) Case Name: Rekha Gurunath Mhashelkar vs. Yashwant Vichare Judgment Date: 19 September 2018 Date of

Supreme Court Allows Tenant to Challenge Eviction Despite Previous Orders: Rekha Gurunath Mhashelkar vs. Yashwant Vichare (2018) Read Post »

Supreme Court Clarifies Review of Vacancy Orders Under UP Urban Buildings Act: Rajendra Kumar Verma vs. Additional District Magistrate (2018) INSC 88 (08 February 2018)

/ Eviction, Judges, Kurian Joseph, Mohan M. Shantanagoudar, Rent Control, Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 with Section 16

Supreme Court Clarifies Review of Vacancy Orders Under UP Urban Buildings Act Date of the Judgment: 08 February 2018 Citation: (2018) INSC 88 Judges: Justice Kurian Joseph and Justice Mohan M. Shantanagoudar Can a District Magistrate review an order regarding a building’s vacancy under the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction)

Supreme Court Clarifies Review of Vacancy Orders Under UP Urban Buildings Act: Rajendra Kumar Verma vs. Additional District Magistrate (2018) INSC 88 (08 February 2018) Read Post »

Supreme Court Upholds Tenant Rights: Dilapidated Property Eviction Case (1 February 2018)

/ A.K. Sikri, Ashok Bhushan, Civil Law, Eviction, Haryana Urban (Control of Rent and Eviction) Act, 1973, Haryana Urban (Control of Rent and Eviction) Act, 1973 with Section 13, Judges, Landlord and Tenant Disputes, Property Law

Supreme Court Upholds Tenant Rights: Dilapidated Property Eviction Case Date of the Judgment: 1 February 2018 The Supreme Court of India addressed a case regarding the eviction of tenants from shops claimed to be in a dilapidated condition. The core issue was whether the landlord had sufficiently proven that the premises were unsafe and uninhabitable,

Supreme Court Upholds Tenant Rights: Dilapidated Property Eviction Case (1 February 2018) Read Post »

Supreme Court Upholds Eviction on Sub-letting: Flora Elias Nahoum & Ors. vs. Idrish Ali Laskar (25 January 2018)

/ Abhay Manohar Sapre, Eviction, Judges, Property Law, R.K. Agrawal, Sub-letting, Tenancy Dispute, West Bengal Premises Tenancy Act, 1956, West Bengal Premises Tenancy Act, 1956 with Section 13(1)(a)

Supreme Court Upholds Eviction on Sub-letting: Flora Elias Nahoum & Ors. vs. Idrish Ali Laskar (2018) LEGAL ISSUE: Whether a tenant has sub-let premises without the landlord’s consent, warranting eviction under the West Bengal Premises Tenancy Act, 1956. CASE TYPE: Property Law, Tenancy Dispute Case Name: Flora Elias Nahoum & Ors. vs. Idrish Ali Laskar

Supreme Court Upholds Eviction on Sub-letting: Flora Elias Nahoum & Ors. vs. Idrish Ali Laskar (25 January 2018) Read Post »

Supreme Court clarifies property tax as rent for eviction under Delhi Rent Control Act: Atma Ram Properties vs. Oriental Insurance (2017) INSC 989 (06 December 2017)

/ Delhi Rent Control Act, 1958, Delhi Rent Control Act, 1958 with Section 7(2), Eviction, J. Chelameswar, Judges, New Delhi Municipal Council Act, 1994, New Delhi Municipal Council Act, 1994 with Section 411, New Delhi Municipal Council Act, 1994 with Section 67(3), Premises, S. Abdul Nazeer

Date of the Judgment: 06 December 2017 Citation: (2017) INSC 989 Judges: J. Chelameswar, S. Abdul Nazeer Can a landlord use the non-payment of property tax by a tenant, which the landlord is entitled to recover as rent, as grounds for eviction under the Delhi Rent Control Act, 1958? The Supreme Court of India addressed

Supreme Court clarifies property tax as rent for eviction under Delhi Rent Control Act: Atma Ram Properties vs. Oriental Insurance (2017) INSC 989 (06 December 2017) Read Post »

Supreme Court Relocates Mesne Profits Dispute in Eviction Case: Mukesh Seth vs. A.B. Lal and Sons (2017)

/ Civil Law, Eviction, Judges, Kurian Joseph, Mesne Profits, R. Banumathi

Date of the Judgment: November 16, 2017 Citation: Not Available in Source Judges: Kurian Joseph, J., R. Banumathi, J. Can the Supreme Court settle a dispute regarding mesne profits after the eviction process is complete? The Supreme Court of India addressed this question in a case involving a long-standing eviction dispute. The core issue revolved

Supreme Court Relocates Mesne Profits Dispute in Eviction Case: Mukesh Seth vs. A.B. Lal and Sons (2017) Read Post »

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