Lease Agreements

Supreme Court Upholds Eviction on Subletting: A. Mahalakshmi vs. Bala Venkatram (2020)

/ Ashok Bhushan, Eviction, Judges, Lease Agreements, M.R. Shah, Possession, Property Law, Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 with Section 10(2)(i), Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 with Section 2(6)

Supreme Court Upholds Eviction on Subletting: A. Mahalakshmi vs. Bala Venkatram (2020) LEGAL ISSUE: Whether a tenant sublet the property without the landlord’s consent, warranting eviction. CASE TYPE: Landlord-Tenant Dispute, Rent Control Case Name: A. Mahalakshmi vs. Bala Venkatram (D) Through LR & Anr. [Judgment Date]: 07 January 2020 Introduction Date of the Judgment: 07 […]

Supreme Court Upholds Eviction on Subletting: A. Mahalakshmi vs. Bala Venkatram (2020) Read Post »

Supreme Court Upholds Lessor’s Right to Forfeit Lease in Liquidation Case: Stressed Assets Stabilization Fund vs. West Bengal Small Ind. Development Corporation Ltd. (21 October 2019)

/ Arun Mishra, Company Law, Company Law with Section 535, Judges, Lease Agreements, Liquidation, Mortgage Rights, Property Law, S. Ravindra Bhat, Vineet Saran

Supreme Court Upholds Lessor’s Right to Forfeit Lease in Liquidation Case: Stressed Assets Stabilization Fund vs. West Bengal Small Ind. Development Corporation Ltd. (2019) LEGAL ISSUE: Whether a mortgagee of leasehold rights can claim superior rights over the lessor when the lease has been validly terminated due to the lessee’s breach of lease conditions. CASE

Supreme Court Upholds Lessor’s Right to Forfeit Lease in Liquidation Case: Stressed Assets Stabilization Fund vs. West Bengal Small Ind. Development Corporation Ltd. (21 October 2019) Read Post »

Supreme Court Directs Payment of Damages in Public Premises Eviction Case: Bengal Chemicals vs. Ajit Nain (2019)

/ A.S. Bopanna, Judges, Lease Agreements, Property Law, Public Premises, Public Premises (Eviction of Unauthorized Occupants) Act, 1971, Public Premises (Eviction of Unauthorized Occupants) Act, 1971 with Section 2(e), Public Premises (Eviction of Unauthorized Occupants) Act, 1971 with Section 5(1), Public Premises (Eviction of Unauthorized Occupants) Act, 1971 with Section 7(2) and 7(2A), R. Banumathi

Supreme Court Directs Payment of Damages in Public Premises Eviction Case: Bengal Chemicals vs. Ajit Nain (2019) Date of the Judgment: July 9, 2019 Citation: 2019 INSC 692 Judges: R. Banumathi, J. and A.S. Bopanna, J. Can a tenant, whose lease has expired, continue to occupy a public premise without paying rent? The Supreme Court

Supreme Court Directs Payment of Damages in Public Premises Eviction Case: Bengal Chemicals vs. Ajit Nain (2019) Read Post »

Supreme Court Upholds Small Causes Court Jurisdiction in Landlord-Tenant Disputes: Mahadev P Kambekar vs. Shree Krishna Woolen Mills (2019)

/ Abhay Manohar Sapre, Judges, Landlord and Tenant, Lease Agreements, Presidency Small Cause Courts Act, 1882, Presidency Small Cause Courts Act, 1882 with Section 41, Property Law, R. Subhash Reddy

Supreme Court Upholds Small Causes Court Jurisdiction in Landlord-Tenant Disputes: Mahadev P Kambekar vs. Shree Krishna Woolen Mills (2019) LEGAL ISSUE: Whether a counter-claim for eviction and rent arrears is maintainable in a suit for specific performance of a lease agreement, given the jurisdiction of the Small Causes Court. CASE TYPE: Civil (Property Law, Lease

Supreme Court Upholds Small Causes Court Jurisdiction in Landlord-Tenant Disputes: Mahadev P Kambekar vs. Shree Krishna Woolen Mills (2019) Read Post »

Supreme Court Upholds Tenant’s Right to Change Business: Ravi Chand Mangla vs. Dimpal Solania (2018)

/ Change of User, Haryana Urban (Control of Rent and Eviction) Act, 1973, Haryana Urban (Control of Rent and Eviction) Act, 1973 with Section 13, Interpretation of Lease Agreements, Judges, L. Nageswara Rao, Lease Agreements, Mohan M. Shantanagoudar, Negative Covenant

Supreme Court Upholds Tenant’s Right to Change Business: Ravi Chand Mangla vs. Dimpal Solania (2018) LEGAL ISSUE: Whether a change in the type of business conducted by a tenant constitutes a change of user under the Haryana Urban (Control of Rent and Eviction) Act, 1973, warranting eviction. CASE TYPE: Rent Control/Eviction Case Name: Ravi Chand

Supreme Court Upholds Tenant’s Right to Change Business: Ravi Chand Mangla vs. Dimpal Solania (2018) Read Post »

Himachal Pradesh Tourism Development Corporation Lease Dispute: Supreme Court Intervention in Property Lease (28 March 2018)

/ A.M. Khanwilkar, Contract Law, Contract Law with Breach of Contract, Dipak Misra, Himachal Pradesh Municipal Corporation Act, 1994, Himachal Pradesh Municipal Corporation Act, 1994 with Section 157, Judges, Lease Agreements

Himachal Pradesh Tourism Development Corporation Lease Dispute: Supreme Court Judgment (2018) Date of the Judgment: 28 March 2018 Citation: (2018) INSC 229 Judges: Dipak Misra, CJI, A.M. Khanwilkar, J. Can a High Court order a public tender for a property that is already under a valid lease agreement? The Supreme Court of India addressed this

Himachal Pradesh Tourism Development Corporation Lease Dispute: Supreme Court Intervention in Property Lease (28 March 2018) Read Post »

Supreme Court Rules on Housing for Retired Employees: Steel Authority of India Ltd. vs. Choudhary Tilotama Das & Ors. (12 February 2018)

/ Company Policy, Contract Law, Employee Housing, Judges, Labour Law, Lease Agreements, R. Banumathi, Ranjan Gogoi, Voluntary Retirement Scheme

Supreme Court on Employee Housing: SAIL vs. Choudhary Tilotama Das (2018) Date of the Judgment: 12 February 2018 Citation: (2018) INSC 123 Judges: Ranjan Gogoi, J., R. Banumathi, J. Can a company be compelled to provide long-term housing leases to its retired employees? The Supreme Court of India recently addressed this question in a case

Supreme Court Rules on Housing for Retired Employees: Steel Authority of India Ltd. vs. Choudhary Tilotama Das & Ors. (12 February 2018) Read Post »

Supreme Court rules against long-term lease of employee quarters: Steel Authority of India Ltd. vs. Choudhary Tilotama Das & Ors. (12 February 2018)

/ Contract Law, Employee Housing, Judges, Lease Agreements, Property Law, R. Banumathi, Ranjan Gogoi, Voluntary Retirement Scheme

Supreme Court Rules on Long-Term Lease of Employee Quarters: Steel Authority of India Ltd. vs. Choudhary Tilotama Das & Ors. (2018) Date of the Judgment: 12 February 2018 Citation: 2018 INSC 123 Judges: Ranjan Gogoi, J. and R. Banumathi, J. Can a company be compelled to provide long-term leases of employee quarters to its former

Supreme Court rules against long-term lease of employee quarters: Steel Authority of India Ltd. vs. Choudhary Tilotama Das & Ors. (12 February 2018) Read Post »

Supreme Court Sets Aside High Court Order on Petrol Pump Dealership: Indian Oil Corporation Ltd. vs. Shashi Prabha Shukla (2017)

/ Administrative Law, Amitava Roy, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 19(1)(g), Contract Law, Dealership Agreements, Discretionary Powers, Fundamental Rights, Judges, Lease Agreements, N.V. Ramana, Public Contracts

LEGAL ISSUE: Whether a High Court can direct a fresh dealership to be awarded to an individual whose original dealership was cancelled due to irregularities. CASE TYPE: Civil Appeal Case Name: Indian Oil Corporation Ltd. & Ors. vs. Shashi Prabha Shukla & Anr. Judgment Date: 15 December 2017 Date of the Judgment: 15 December 2017

Supreme Court Sets Aside High Court Order on Petrol Pump Dealership: Indian Oil Corporation Ltd. vs. Shashi Prabha Shukla (2017) Read Post »

Supreme Court Clarifies Stamp Duty on Toll Collection Contracts: Nasiruddin vs. State of Uttar Pradesh (2017)

/ Abhay Manohar Sapre, Contract Law, Indian Stamp Act, 1899, Indian Stamp Act, 1899 with Section 2(12), Indian Stamp Act, 1899 with Section 2(14), Indian Stamp Act, 1899 with Section 2(16), Judges, Lease Agreements, License Agreements, Navin Sinha

LEGAL ISSUE: Whether contracts for the collection of “Tehbazari” and parking fees are considered leases under the Indian Stamp Act, 1899, and therefore subject to stamp duty as leases. CASE TYPE: Stamp Duty, Contract Law Case Name: Nasiruddin & Anr. Etc. vs. The State of Uttar Pradesh through Secretary & Ors. [Judgment Date]: 06 December

Supreme Court Clarifies Stamp Duty on Toll Collection Contracts: Nasiruddin vs. State of Uttar Pradesh (2017) Read Post »

Supreme Court Upholds Lease Termination Policy for Ex-Servicemen Shops: Chandro Devi & Ors. vs. Union of India & Ors. (2017)

/ Deepak Gupta, Defence, Ex-Servicemen Welfare, Judges, Lease Agreements, Legitimate Expectation, Madan B. Lokur, Property Law, Rehabilitation

LEGAL ISSUE: Whether the government’s policy to limit lease renewals for shops allotted to ex-servicemen and their families is valid and non-discriminatory. CASE TYPE: Civil Case Name: Chandro Devi & Ors. vs. Union of India & Ors. Judgment Date: September 8, 2017 Date of the Judgment: September 8, 2017 Citation: (2017) Judges: Madan B. Lokur,

Supreme Court Upholds Lease Termination Policy for Ex-Servicemen Shops: Chandro Devi & Ors. vs. Union of India & Ors. (2017) Read Post »

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