Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, Section 13(1)(k), 13(1)(e) -- Eviction petition - Compensation - Compensation cannot be based on valuation of building - After all, what was leased out was land, the construction on land if any made during subsistence of tenancy, was to belong to lessee - Compensation can accordingly be based only on value of..........
Easements Act, 1882, Section 4, Gujarat Town Planning and Urban Development Act, 1976, Section 17(1)(a)(i), Bombay Provincial Municipal Corporation Act, 1949, Section 253 -- Development plan - Grant of sanction - As per petitioner, grant of proposed development violate his right to get light and air - Evidence on record does not show that existing properties adjacent to..........
Bombay Tenancy and Agricultural Land Act, 1948, Section 70(B) -- Protracted tenant - Declaration of status - Petitioners claimed to be tenants in respect of individual plots - However, gut numbers mis-matched with survey numbers provided by petitioners in respect of plots claimed by them - More so, several rounds of enquiries already undertaken and petitioners failed to..........
Gujarat Provincial Municipal Corporations Act, 1949, Section 127(1)(c), 145 -- Constitution of India, 1950, Entry 49 List II, Art.265, Bombay Provincial Municipal Corporations Act, 1949, Gujarat Local Authorities Laws (Amendment) Act, 2011 - Levy of tax on mobile tower - Tax on Mobile Towers is levied on yield from land and building - Tax is on use of land or building for..........
Arbitration and Conciliation Act, 1996, Section 9 -- Petition u/s 9 of Act - Leave to file - Jurisdiction of Court - Dispute as to possession of land - It would conceptually fall within the category of `suit for land' as engrafted u/clause 12 of Letters Patent (as applicable to Bombay High Court) - It is difficult to accept that it is money claim and therefore Bombay High..........
Maharashtra Land Revenue Code, 1966, Section 247, Civil Procedure Code, 1908, Section 54 -- Partition - Effecting of - Appeal - Refusal to grant stay - Legality of - Two questions were raised in appeal u/s 247 before the S.D.O. - (i) that no notice was issued to respondent No.1 and (ii) that partition was hit by provisions of S.8AA of the Bombay Prevention of Fragmentation..........
Telegraph Act, 1885, Section 16(3), Bombay Court Fees Act, 1959, Section 6(i) -- Compensation claim - Order of District Judge directing payment of Court fees - Challenge as to - Applicant filing application u/s.16(3) of Indian Telegraph Act on ground that amount offered against acquisition of land is inadequate - Application u/s.16(3) of Indian Telegraph Act is covered by..........
Marine Insurance Act, 1963, Section 4,27 -- Marine Insurance policy - Open policy - Consignment insured from Noida to Bombay to Moscow - It was covered under policy till delivery to the consignees or other final warehouse, premises or place of storage at the destination named therein - Consignment destroyed in fire as the same was kept in the godown of the transporter as..........
Bombay Tenancy and Agricultural Lands Act, 1948, Section 4 -- Tenant - Respondent inducted on land by mortgagee in possession - Was `lawfully' in possession of land and `lawfully' cultivating land - Thus was a "deemed tenant" within meaning of S.4 of the Act - Respondent continued to have right as tenant even after redemption of mortgage and extinguishment of interest of..........
Letters Patent (Bombay) -Cl 12 - 'Suit for land' is a suit in which the relief claimed relates to title to or delivery of possession of land or immovable property - Whether a suit is a 'suit for land' or not is to be determined from the averments in the plaint with reference to the reliefs claimed thereunder...........
