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tenancy

Rajasthan High Court
Case BriefsHigh Courts

Hindu deity can hold lands in Jagir only when cultivated by Shebait/Pujari and not by tenants: Rajasthan High Court

The Court set aside the SDO’s order, and subsequent appellate decisions and remanded back the case to the SDO for a fresh enquiry.

Published on July 17, 2024July 26, 2024By Ritu
Leave a comment2081 views
calcutta high court
Case BriefsHigh Courts

‘Temporary nature of agreement and renewals indicates license status’; Calcutta High Court orders eviction

“Even if there are certain clauses which the parties may have aided from the tenancy legislation, is no ground to … declare the unambiguous leave and licence agreement to be an agreement of tenancy ignoring preponderance of probability.”

Published on January 12, 2024February 21, 2024By Ritu
Leave a comment4849 views
bombay high court
Case BriefsHigh Courts

Tenant’s rights in redevelopment cannot eclipse landlord’s rights of ownership: Bombay High Court

“What the tenants really seek is not just a right to dictate the terms of that tenancy beyond anything the law contemplates, but to impermissibly expand tenancy rights to the prejudice of the property owner — without taking the slightest steps to acquire those ownership rights.”

Published on November 27, 2023December 1, 2023By Ridhi
3 Comments41049 views
karnataka high court
Case BriefsHigh Courts

[Perjury] | “Not every false statement is intended to be the subject matter of the prosecution”: Karnataka High Court

There must be prima facie case of deliberate falsity on a matter of substance and the Court must be satisfied and there must be reasonable foundation for the charge and the prosecution of the offender is necessary in the interest of justice.

Published on September 29, 2023October 4, 2023By Sucheta
Leave a comment3501 views
Delhi High Court
Case BriefsHigh Courts

Law does not allow husband to take wife’s articles without her consent and knowledge: Delhi High Court dismisses pre-arrest bail application

The Delhi High Court held that the law did not permit even the husband to take household articles including the jewellery without the consent and knowledge of his wife.

Published on January 5, 2023January 7, 2023By Editor_4
Leave a comment2664 views
Case BriefsHigh Courts

Electricity is an integral part of Right to Life; Punjab & Haryana High Court directs to restore electricity connection till final disposal

Punjab and Haryana High Court held that even if the lease has expired the electricity cannot be cut off to the petitioner while he is in possession of the suit property.

Published on December 27, 2022December 30, 2022By Editor_4
Leave a comment6012 views
Case BriefsHigh Courts

Once tenant starts paying rent, can he/she turn around and challenge title of landlord? Del HC examines

Delhi High Court: In a matter with regard to the grant of leave to defend, Subramonium Prasad, J., expressed that, the tenant

Published on May 27, 2022June 3, 2022By Bhumika Indulia
Leave a comment8475 views
Case BriefsSupreme Court

Civil Court has no jurisdiction in dispute relating to property governed by the Haryana (Control of Rent & Eviction) Act, 1973: SC

Supreme Court: The bench of Ajay Rastogi* and Abhay S. Oka, JJ has held that jurisdiction of the Civil Court is impliedly

Published on January 31, 2022February 4, 2022By Prachi Bhardwaj
Leave a comment5394 views
Case BriefsSupreme Court

Explained| Does Chennai City Tenants Protection Act, 1921 protects tenants who have sub-let or given the building to third parties? 

Supreme Court: The bench of L. Nageswara Rao and BR Gavai*, JJ has reiterated the position that the tenants would not be

Published on November 26, 2021November 26, 2021By Prachi Bhardwaj
1 Comment2748 views
Case BriefsSupreme Court

Explained| Scope of Civil Court’s jurisdiction despite bar under Section 25 of Punjab Security of Land Tenures Act

Supreme Court: Deciding the ambit of the bar of jurisdiction under Section 25 of the Punjab Security of Land Tenures Act, 1953

Published on November 19, 2021November 19, 2021By Prachi Bhardwaj
1 Comment2945 views
Case BriefsSupreme Court

Explained| What invalidates surrender of tenancy under the Andhra Pradesh Tenancy (Andhra Area) Act, 1956?

Supreme Court: Interpreting the provisions of the Andhra Pradesh Tenancy (Andhra Area) Act, 1956, the bench of UU Lalit and S. Ravindra

Published on October 31, 2021October 29, 2021By Prachi Bhardwaj
1 Comment3831 views
Op EdsOP. ED.

The Model Tenancy Act, 2021: A Step Forward

by Abhishek Gulatee[1]

Published on October 7, 2021October 7, 2021By Editor_4
Leave a comment7483 views
Case BriefsSupreme Court

Can there be presumption of Hindu joint family property if a business activity carried out by Karta in a tenanted premise? Supreme Court answers

“Even if a male member had taken premises on rent, he is tenant in his individual capacity and not as Karta of Hindu Undivided Family in the absence of any evidence that Karta was doing the business for and on behalf of Joint Hindu Family.”

Published on April 6, 2021April 8, 2021By Prachi Bhardwaj
1 Comment6402 views
Case BriefsHigh Courts

Kar HC | ‘thou art weighed and found wanting’; Writ Court exercising limited supervisory jurisdiction under Art. 227 Constitution of India cannot run a race of opinions with the Court of impugned order

Karnataka High Court: Krishna S. Dixit, J. dismissed the petition being devoid of merits. Background The facts of the case are such

Published on April 5, 2021April 5, 2021By Editor_4
Leave a comment2848 views
Case BriefsHigh Courts

Raj HC | Petitioner failed to point out any averment or omission in eviction application that might invite application of Or. 7 R. 11 CPC: Court dismisses petition

Rajasthan High Court: Mahendar Kumar Goyal, J., dismissed a writ petition which was filed aggrieved by the order of the Rent Tribunal

Published on August 28, 2020September 4, 2020By Editor_4
Leave a comment3252 views
Op EdsOP. ED.

Perplexity behind giving Notice to determine Tenancy in India

by Akshit Sachdeva*

Published on July 14, 2020July 14, 2020By Bhumika Indulia
Leave a comment10553 views
Case BriefsSupreme Court

Testamentary disposition of agricultural land to a non-agriculturist defeats the purpose of Sections 43 and 63 of Bombay Tenancy Act

Supreme Court: The 3-judge bench of UU Lalit, Indu Malhotra and AS Bopanna, JJ has held that an agriculturist cannot part with

Published on June 16, 2020July 3, 2020By Prachi Bhardwaj
Leave a comment6804 views
Case BriefsHigh Courts

Del HC | Landlord entitled for judgment on admissions in a suit for ejectment where tenant unequivocally admits the ingredients to be established by the landlord

Delhi High Court: Sanjeev Sachdeva, J., allowed a petition that challenged the impugned order whereby petitioner’s application under Order 12 Rule 6 CPC

Published on November 30, 2019December 2, 2019By Bhumika Indulia
Leave a comment7501 views
Case BriefsSupreme Court

Words “of the fact that he has attained majority” of Section 32-F of Maharashtra Tenancy and Agricultural Lands Act, 1948 struck down

Supreme Court: Overruling the verdict in Appa Narsappa Magdum [Appa Narsappa Magdum v. Akubai Ganapati Nimbalkar, (1999) 4 SCC 443, the 3-judge

Published on September 19, 2019September 26, 2019By Prachi Bhardwaj
Leave a comment5449 views
Case BriefsHigh Courts

Del HC | Charge of criminal trespass under S. 447 IPC by person claiming to be tenant not maintainable in absence of proof of tenancy

Delhi High Court: Sanjeev Sachdeva, J., allowed a petition filed by the allottee of the subject shop who was charged with an offence

Published on May 23, 2019May 27, 2019By Bhumika Indulia
Leave a comment8934 views

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