Constructive Eviction - Judgment Search Results

illinois Vs. Mcarthur

Court: US Supreme Court

..... his porch the police order that he stay outside his home amounted to an impermissible constructive eviction that an officer with mcarthur s consent stepped inside the home s doorway to observe ..... stood at the time was part of his home hence the order amounted to a constructive eviction of mcarthur from his residence 304 ill app 3d at 402 713 n e 2d .....

C.C. Yi Vs. Janakidevi Anantlal Gupta and ors.

Court: Mumbai

Reported in: 2001(3)ALLMR324; 2001(4)BomCR834; (2001)4BOMLR19; 2001(4)MhLj114

..... bombay rents hotel and lodging house rates control act 1947 section 13 1 b eviction of tenant construction of permanent structure no written consent by the landlord no separate consideration of each ..... considered in isolation then it could hardly be said that construction of permanent nature was carried out in the premises warranting the eviction under section 13 1 b of the act but .....

Leela Soni and ors. Vs. Rajesh Goyal and ors.

Court: Supreme Court of India

Reported in: AIR2001SC3601; JT2001(7)SC212; 2002(1)MPHT12; 2001(6)SCALE60; (2001)7SCC494

..... and encroachment on portion of land and raising unauthorised construction thereon these grounds were sufficient in themselves to evict tenant any construction to tenanted property to be done with written consent ..... it embodies a further ground to seek eviction of the tenant who has without the written permission of the landlord made construction or materially altered the accommodation to thedetriment .....

Parmanand (Dead) Through L.Rs. Vs. Prescribed Authority (Munsif City), ...

Court: Allahabad

Reported in: 2001(3)AWC2302

..... a passage to be used as ingress to their residential building which was to be constructed after eviction of four other tenants from their respective tenements the shop in question is only ..... only if all these three shops were demolished permission was also sought for eviction of other tenants for construction of residential house for the use of landlord s brothers and their families .....

S.P. Anand Vs. the Competent Officer, Secretary to Bangalore Developme ...

Court: Karnataka

Reported in: 2001(6)KarLJ72

..... by the bda on the basis of which he has constructed the building therefore this is not an illegal construction to be evicted acting under section 5 1 of the act therefore he ..... is not the owner of the site nonetheless he haw constructed the building over which the respondent has no right to evict him summarily acting under the said act as the building .....

Union Bank of India Vs. Vithalbhai Pvt. Ltd.

Court: Kolkata

Reported in: AIR2002Cal144; (2001)3CALLT484(HC)

..... actual dispossession by force the learned authors gave illustration of such eviction by stating principles as follows such constructive or symbolic eviction is established by proof that there exists a third person claiming ..... author stated as follows though it has been suggested that an eviction by title paramount must be actual and not constructive it seems that it is not necessary for the tenant .....

Suresh Madhukar Nagarkar Vs. Ujubaia Mahav Desai and ors.

Court: Mumbai

Reported in: 2002(4)BomCR212

..... rates control act 1947 licensee evicted for breach of license nothing regarding breach of license by licensee stated by licenser s daughter on examination construction of water tank by licensee ..... the respondent mr kapse submits that even though the permission was given for constructing water tank that construction was put up without licence being obtained from the municipal corporation as agreed .....

Workmen of Lokashikshana Trust, Bangalore Vs. Lokashikshana Trust and ...

Court: Karnataka

Reported in: AIR2001Kant212; 2001(3)KarLJ367

..... applicable to the premises as the eviction petition is filed within 15 years of completion of the construction of the building in which the ..... the cross examination with regard to the year of completion of construction of the entire building and not the premises in question held ..... the cross examination the tenant has merely said that building is constructed in the year 1992 93 he has not used the word .....

Municipal Council, Hansi, District Hissar, Haryana Vs. Mani Raj and or ...

Court: Supreme Court of India

Reported in: AIR2001SC1861; JT2001(4)SC549; 2001(3)SCALE240; (2001)4SCC173

..... not be said to have constructed the buildings on another s land in the hope that he would not be evicted so long as he ..... buildings such as restrictions about the size and nature of the building constructed the building materials to be used therein and the purpose for ..... or is in relation to the erection of buildings such a construction would reconcile the proviso with the preamble which sets out the .....

G. Mallikarjunappa and anr. Vs. Shamanur Shivashankarappa and ors.

Court: Supreme Court of India

Reported in: AIR2001SC1829; 2001(3)SCALE217; (2001)4SCC428

..... not be said to have constructed the buildings on another s land in the hope that he would not be evicted so long as he ..... buildings such as restrictions about the size and nature of the building constructed the building materials to be used therein and the purpose for ..... or is in relation to the erection of buildings such a construction would reconcile the proviso with the preamble which sets out the .....