Eviction Proceedings Of Unauthorized Occupants Of 'Public Premises' Should Be Conducted Under Statutory Provisions : Supreme Court
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3 months, 1 week ago

Eviction Proceedings Of Unauthorized Occupants Of 'Public Premises' Should Be Conducted Under Statutory Provisions : Supreme Court

Live Law  

The Supreme Court observed that the eviction proceedings of unauthorized occupants of 'public premises' ought to be carried out under the statutory provisions. The bench comprising Justices Dipankar Datta and Prashant Kumar Mishra was hearing an appeal filed by the Municipal Corporation of Greater Mumbai against the High Court's interference in the exercise of quasi-judicial powers of the Inquiry Officer who is authorized to conduct an inquiry into the eviction proceedings under the Mumbai Municipal Corporation Act, 1988. Setting aside the High Court's decision, the judgment authored by Justice Datta emphasized that the eviction proceedings of unauthorized occupants of public premises ought to be conducted under the statutory limits. The Court observed that lack of regulation in conducting the inquiry into the eviction proceedings would not validate the High Court's interference upon framing a point of determination for the inquiry officer who holds quasi-judicial powers under the Act.

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History of this topic

'Go To HC': Supreme Court Disposes Of Contempt Petition Filed Against UP Authorities Over Demolition Of Property At Sambhal
1 month, 3 weeks ago

'Go To HC': Supreme Court Disposes Of Contempt Petition Filed Against UP Authorities Over Demolition Of Property At Sambhal

Live Law  

Granting liberty to approach the Allahabad High Court, the Supreme Court today disposed of a contempt petition filed against Uttar Pradesh authorities for alleged violation of order dated November 13, 2024 restraining demolition actions across the country without prior notice and opportunity of hearing. A bench of Justices BR Gavai and K Vinod Chandran passed the order, stating, "We find …

Eviction Proceedings Of Unauthorized Occupants Of 'Public Premises' Should Be Conducted Under Statutory Provisions : Supreme Court
Trending News
3 months, 1 week ago

Eviction Proceedings Of Unauthorized Occupants Of 'Public Premises' Should Be Conducted Under Statutory Provisions : Supreme Court

Live Law  

The Supreme Court observed that the eviction proceedings of unauthorized occupants of 'public premises' ought to be carried out under the statutory provisions. The bench comprising Justices Dipankar Datta and Prashant Kumar Mishra was hearing an appeal filed by the Municipal Corporation of Greater Mumbai against the High Court's interference in the exercise of quasi-judicial powers of the Inquiry Officer …

Sub-lease Agreement Excluded Disputes Related To Public Premise From Arbitration, Making Them Non-Arbitrable: Delhi High Court
1 year ago

Sub-lease Agreement Excluded Disputes Related To Public Premise From Arbitration, Making Them Non-Arbitrable: Delhi High Court

Live Law  

The Delhi High Court single bench of Justice Dinesh Kumar Sharma held that arbitral tribunal should generally be the primary authority to determine non-arbitrability, except in cases where claims were manifestly and ex facie non-arbitrable. Brief Facts: The Petitioner approached the Delhi High Court and filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment …

Making Available Parking Space For Building Visitors Valid Reason For Tenant's Eviction U/S 11(3) Kerala Buildings Act, 1965: High Court
2 years, 7 months ago

Making Available Parking Space For Building Visitors Valid Reason For Tenant's Eviction U/S 11(3) Kerala Buildings Act, 1965: High Court

Live Law  

The Kerala High Court recently, while disposing of a Rent Control Revision Petition, held that making available parking space for building visitors is a valid reason for tenant's eviction under Section 11 Kerala Buildings Act, 1965.Division Bench consisting of Justice Anil K. Narendran and Justice P. G. Ajithkumar, relying heavily on the High Court's decision in similar matters, clarified. The …

Rent Control Act: HC Cannot Interfere With Finding Of Fact In Revisional Jurisdiction Unless There Is Perversity Or Misappreciation of Evidence: SC [Read Judgment]
4 years, 9 months ago

Rent Control Act: HC Cannot Interfere With Finding Of Fact In Revisional Jurisdiction Unless There Is Perversity Or Misappreciation of Evidence: SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that the High Court, in its revisional jurisdiction conferred by Section 20 of the Kerala Building Act, cannot interfere with the finding of fact by Appellate Authority, unless there is perversity or misappreciation of evidence by it. Interfering with this finding of fact, again, without any perversity or misappreciation of evidence by the Appellate Authority …

High Court Has No Jurisdiction To Direct Trial Court To Pass Particular Order: SC Slams Kerala HC [Read Judgment]
7 years, 8 months ago

High Court Has No Jurisdiction To Direct Trial Court To Pass Particular Order: SC Slams Kerala HC [Read Judgment]

Live Law  

While setting aside a judgment on a rent control matter by the Kerala High Court, the Supreme Court has observed that the high court has no jurisdiction to issue directions to the trial court to pass a particular order by either allowing the application or rejecting it.Slamming the high court, a bench comprising Justice AM Sapre and Justice R Banumathi …

High Court Has No Jurisdiction To Direct Trial Court To Pass Particular Order: SC Slams Kerala HC [Read Judgment]
7 years, 8 months ago

High Court Has No Jurisdiction To Direct Trial Court To Pass Particular Order: SC Slams Kerala HC [Read Judgment]

Live Law  

While setting aside a judgment on a rent control matter by the Kerala High Court, the Supreme Court has observed that the high court has no jurisdiction to issue directions to the trial court to pass a particular order by either allowing the application or rejecting it.Slamming the high court, a bench comprising Justice AM Sapre and Justice R Banumathi …

Landlord Can Pursue Eviction Proceedings On Surviving Grounds Even After Taking Possession: SC [Read Judgment]
7 years, 11 months ago

Landlord Can Pursue Eviction Proceedings On Surviving Grounds Even After Taking Possession: SC [Read Judgment]

Live Law  

The landlord had approached the Rent Control Court seeking eviction of tenant under Section 11 and Section 11 of the Kerala Buildings Act, 1965. Setting aside a Kerala High Court order, the Supreme Court, in Valiyavalappil Sarojakshan vs Sumalsankar Gaikevada, has held that merely because a landlord has taken possession on the basis of an order. Setting aside a Kerala …

Eviction order passed under S. 5A of Public Premises (Eviction of Unauthorized Occupants) Act not appealable: Allahabad HC (FB) [Read Judgment]
9 years, 2 months ago

Eviction order passed under S. 5A of Public Premises (Eviction of Unauthorized Occupants) Act not appealable: Allahabad HC (FB) [Read Judgment]

Live Law  

Full Bench of Allahabad High Court in Yogesh Agarwal vs. Union of India has held that eviction order passed under Section 5A of the Public Premises Act, 1971 is not appealable. Bench comprising of the Chief Justice Hon'ble Dr Dhananjaya Yeshwant Chandrachud, Justices Manoj Kumar Gupta and Yashwant Varma held that High Court in the exercise of its. Bench comprising …

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