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MILIND N. JADHAV
Shapoorji Pallonji & Company Pvt. Ltd. – Appellant
Versus
New India Assurance Company Ltd. – Respondent
JUDGMENT :
1. By the present Writ Petition, Petitioner has prayed for the following reliefs:-
(b) that this Hon’ble Court be pleased to issue Writ of Certiorari or a Writ in the nature of Certiorari or any other writ order or direction under Article 226 of the Constitution of India to call for the records in relation to the impugned show cause notice dated 29.07.2022 (Exh. “C”) and after examining the legality or validity thereof quash and set aside the impugned show cause notices under Form ‘A’ and ‘F’ of the Act.”
2. Order dated 08.07.2022 allows the amendment application filed by Respondent in the proceedings before the Estate Officer under the provisions of the Public Premises (Eviction of Unauth
The court established that the issuance of eviction notices under the Public Premises Act requires the Estate Officer to demonstrate prima facie satisfaction based on adequate material, and that publ....
High Courts' jurisdiction under Articles 226 and 227 requires proving gross illegality or irregularity for intervention; cancellation of lease upheld based on violations of lease conditions.
The duty of the advocate to obtain relevant instructions and the need to avoid penalizing litigants for unintentional omissions.
Public bodies must act fairly and in public interest when terminating tenancies, and the grounds for eviction must be substantiated; mere termination does not automatically render an occupant unautho....
Mere payment of damages does not create a right in favour of a person who may otherwise be illegally occupying public premises.
Writ jurisdiction under Articles 226 and 227 is limited to reviewing the legality of process rather than re-evaluating facts. Eviction upheld for breaches of lease conditions.
A decision is vitiated by irrationality if the decision is so outrageous, that it is in defiance of all logic; when no person acting reasonably could possibly have taken the decision, having regard t....
The assessment of damages for unauthorized property use persists despite prior communications, reaffirmed by policy provisions, with petitioners failing to establish rights for commercial utilization....
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