AI Overview...
- Bombay Government Premises (Eviction) Act, 1955 - Main points and insights:
- The Act provides the legal framework for eviction of occupants from government premises in Bombay (now Mumbai). It specifies grounds for eviction such as expiration of lease, bona fide requirement, or other statutory reasons. Laxmi B. Metkari VS Executive Engineer, North Mumbai Division, Public Works Department - Bombay
- Sections 4 and 6(a) outline the procedural aspects of eviction proceedings, including notices and notices of hearing, and the authority of the competent officer to pass eviction orders. Suhash S/o. Vishwanath Kolapkar VS The Assistant Collector - Bombay
- Rules 268, 313, and 643 detail the procedural requirements, including application procedures, certification, and record-keeping, often referencing the Civil Procedure Code for enforcement. Twinkle Jatin Khanna, @ Twinkle AkshayKumar VS Anita Advani - Bombay, Lok Holdings and Constructions Ltd. VS Municipal Corporation of Gr. Mumbai - Bombay
- The Act has undergone amendments, notably in 1996 and 1997, to address issues like land requisition and the rights of occupants, including provisions for bona fide requirement and benefit limitations under rent and eviction laws. Kaiki Rustomji Alpaiwalla VS State of Maharashtra - Bombay, Rajesh G. Deshpande and another VS Sandeep Himatlal Doshi and another - Bombay
- The Act interacts with other laws such as the Bombay Police Act, the MMRDA Act, and the Rent Act, affecting the scope and enforcement of eviction orders. Shankar Savala Chavan VS State of Maharashtra and others - Bombay, Spice And Grains Overseas Pvt. Ltd. VS State of Maharashtra - Bombay
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Legal proceedings under the Act often involve judicial review under Articles 226 and 227 of the Constitution, with courts examining the validity of eviction orders and procedural compliance. Laxmi B. Metkari VS Executive Engineer, North Mumbai Division, Public Works Department - Bombay
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Analysis and Conclusion:
- The Bombay Government Premises (Eviction) Act, 1955, serves as a comprehensive statute governing eviction of government premises, emphasizing procedural correctness and statutory grounds.
- Amendments and related rules aim to streamline eviction processes and address emerging issues like land requisition and occupant rights.
- Courts play a crucial role in ensuring that eviction orders are issued lawfully and in accordance with constitutional protections.
- The Act's interaction with other statutes underscores the complexity of land and occupancy law in Maharashtra, requiring careful legal navigation for eviction proceedings.
References: - Laxmi B. Metkari VS Executive Engineer, North Mumbai Division, Public Works Department - Bombay - Suhash S/o. Vishwanath Kolapkar VS The Assistant Collector - Bombay - Twinkle Jatin Khanna, @ Twinkle AkshayKumar VS Anita Advani - Bombay - Kaiki Rustomji Alpaiwalla VS State of Maharashtra - Bombay - B & C Kamgar Sanghatna VS Executive Engineer & others - Bombay - Shankar Savala Chavan VS State of Maharashtra and others - Bombay - Spice And Grains Overseas Pvt. Ltd. VS State of Maharashtra - Bombay - Rajesh G. Deshpande and another VS Sandeep Himatlal Doshi and another - Bombay - Lok Holdings and Constructions Ltd. VS Municipal Corporation of Gr. Mumbai - Bombay - STATE OF GUJARAT VS SURABHAI MAFATBHAI - Gujarat
Search Results for "Bombay Government Premises Eviction Act Bombay Government Premises Eviction Act"
2017 0 Supreme(Bom) 1904 • India - Bombay
SHALINI PHANSALKAR-JOSHI
Eviction - Lease Premises - Bombay Government Premises (Eviction) Act, 1955 - Article 227 - Section 7 - [LEASE PREMISES] - [Bombay ... Government Premises (Eviction) Act, 1955, Article 227] - The court discussed the grounds for eviction, including expiration of lease ... The Competent Authority passed the eviction order withou....
2008 0 Supreme(Bom) 1009 • India - Bombay
NARESH H.PATIL
Bombay Government Premises (Eviction) Act, 1955 - Section 4 and 6(a) - Bombay Government Premises (Eviction) Rules, 1960 - Rules ... 3 and 4 - Maharashtra Municipal Council, nagar Panchayats and Industrial Townships Act, 1965 - Section 100(A) - Eviction proceeding ... With effect from such date and in such municipal areas as the State Government may, by notification in the Of....
2014 0 Supreme(Bom) 1485 • India - Bombay
R.D.DHANUKA
Bombay Government Premises (Eviction) Act, 1955 - Rule 268. - See Succession Act, 1925, Section 263. ... ... Bombay Government Premises (Eviction) Act, 1955 - Rule 268 Application ... ... Succession Act, 1925 - Section 263 Bombay High Court (O.S.) ... When the certified copy is required for a purpose other than private use, the requisite Court fee under Articl....
2005 0 Supreme(Bom) 1314 • India - Bombay
R.M.S.KHANDEPARKAR, V.M.KANADE
, Bombay Land Requisition and Bombay Government Premises (Eviction) (Amendment) Act (16 of 1997), Sections 3 and 5. ... Requisition and Bombay Government Premises (Eviction) (Amendment) Act, 1997 - Sections 3 and 5 Bombay Land Requisition Act, 1948 ... , Section 15-B Amendment to Rent Act All allottees of premises requisitione....
2004 0 Supreme(Bom) 235 • India - Bombay
S.T.KHARCHE
Bombay Government Premises (Eviction) Act, 1956 - Sections 3 and 4(2) - premises required bona fide - proceeding initiated by competent ... ... Bombay Government Premises (Eviction) Act, 1956 - Sections 3 and ... 4(c) and Bombay Government Premises (Eviction) Rules, 1960, Rule 3 - by virtue of the premises b....
1998 0 Supreme(Bom) 306 • India - Bombay
A.V.SAVANT, S.RADHAKRISHNAN
Bombay Government Premises Eviction Act, 1955 ... Section 4-Bombay Police ... ... Article 226-Bombay Police Act, 1951, Sections 31 and 32-Claim of ... This is not a mere act of omission in view of the pressure of work, this is a positive act of passing an order of eviction after ... over the provisions of Bombay Government Premises (#HL_START....
2022 0 Supreme(Bom) 2107 • India - Bombay
S. V. GANGAPURWALA, S. M. MODAK
Government Premises (Eviction) Act, 1955. ... Writ Petition - Maintainability - Bombay Government Premises (Eviction) Act, 1955, MMRDA Act 1974 - The court discussed the maintainability ... The court considered the provisions of the Bombay Government Premises (Eviction) Act, 1955 and the MMRDA Act 1974, and t....
• India - Bombay
Land Requisition and Bombay Government Premises (Eviction) (Amendment) Act, 1996 (16 of 1997), Sections I-A and 15-B-Benefit under ... premises used in clause (1-A)(b) of Section 5 of the Rent Act would not cover a person occupying the premises against whom eviction ... no benefit available-If State Government has passed eviction order than person concerned will not get benefit of amending #HL_STA....
2014 0 Supreme(Bom) 790 • India - Bombay
R.D.DHANUKA
Bombay Government Premises (Eviction) Act, 1955 - Rules 313 and 643. - See Civil Procedure Code, 1908, Order XXI, Rule 22. ... ... Bombay Government Premises (Eviction) Act, 1955 - Rule 647. - See ... also records that no objection certificate has not been issued by local military authorities and refers to a circular issued by Government ... On behalf of the respondents, reliance was also placed ....
1982 0 Supreme(Guj) 63 • India - Gujarat
B.K.MEHTA
Code, 1879 – Section 19 - Gujarat Public Premises (Eviction of Unauthorised Occupants) Act , 1972 - Bombay Government Premises ... (Eviction) Act ,1955 - Finance Act , 1950 - Section 13 (2) - Public Premises Act – Section 4 and 19 - plaintiff claims that ... Civil Procedure Code ,1908 – Section 30 - Bombay Land Revenue Code ,1879 – Section 202- Bombay La....
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