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Showing posts with label O 15A of CPC. Show all posts
Showing posts with label O 15A of CPC. Show all posts
Tuesday, 21 March 2023

Whether the court can direct tenant to pay enhanced rent during pendency of eviction proceeding as per O 15-A of CPC?

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 There is no gainsaying that an order under Order 39 Rule 10 CPC and/or Order XV-A CPC is rendered as an interim measure to safeguard the in...
Tuesday, 30 March 2021

Whether court can grant interim compensation as per O 15A of CPC(Maharashtra amendment) without ascertaining the agreed rate of rent between the parties?

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A plain reading of the aforesaid provision would make it manifest that for application of the Order XV-A, it must be a suit by a lessor or a...
Saturday, 6 March 2021

Questions and answers on law part 20

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Q 1:-  What is transit bail and when court should grant it? Ans:- A transit bail is a bail granted by a Court not having jurisdiction over t...
Sunday, 7 February 2021

Whether court can direct the licensee to pay maintenance charges to the licensor in application U/O 15A of CPC in eviction suit?

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The only question to be considered is whether the maintenance charges could have been directed to be paid under Over XV-A of the Code as pra...
Monday, 6 April 2020

Whether appellate court can strike off the defence of tenant if he fails to deposit rent as directed by court as per O 15A of CPC?

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As far as maintainability of the application is concerned, in my view, Order 15A of the Code of Civil Procedure can be invoked at the ...
Sunday, 15 March 2020

Whether court can grant maintenance charges along with license fees as per O 15A of CPC?

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From the aforesaid averments it is clear that the plaintiff has admitted that it is liable to pay maintenance charges of Rs.25,000/- per...
Monday, 4 November 2019

Bombay HC: Application U/O XV-A of CPC can be entertained in suit even if suit in not on the ground of arrears of rent

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The petitioner seeks eviction of the respondent under the provisions of Section 16 (1)(g) and (n) of the said Act.  If during the penden...
Thursday, 31 October 2019

Whether landlord can execute order of grant of interim rent even though defence of tenant is struck off?

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  The impugned order was passed by the Court under Order 15-A of the Code of Civil Procedure directing the defendant to pay rent and depos...

Whether interim order can be executed after suit or appeal has come to an end?

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Still, however, it has to be seen whether any interim order in any suit or appeal can be executed after the suit or appeal has come to an ...
Sunday, 12 August 2018

Whether court can direct occupant to deposit damages if it is not proved that he is tenant?

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A plain reading of the aforesaid provision would make it manifest that for application of the Order XV-A, it must be a suit by a lessor or...
Sunday, 29 July 2018

Whether appeal is maintainable against order passed by court for compensation under order 15A of CPC?

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Considering the fact that the order dated 28.2.2002 was passed by the trial court in exercise of powers under Order 15A and the provisions...
Thursday, 29 March 2018

Whether landlord can be denied rent from tenant if documents of title of property of tenant is laying with landlord as security?

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In reply to both these applications, it is stated by the Defendants that the papers relating to the residential properties of the Defendan...

Whether unauthorised occupant is liable to deposit use and occupation charges during pendency of eviction proceeding?

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As already observed, the word 'rent' in Order XVA CPC is not limited to the 'admitted' rent. In any event, it also envisag...

Procedure to be followed by court if tenant fails to deposit rent in accordance with order passed by U/ 15A of CPC

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Sub-rule (1) of Order 15-A as amended applies to a suit by a lessor against a lessee or a licensor against a licensee for eviction with or...

Whether revision is maintainable against order of striking off defence in default of payment of rent?

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Even in the absence of such a provision, the hardship which was liable to be suffered by the landlord has been sought to be obviated by th...

Whether court can direct tenant to deposit arrears of rent in eviction suit?

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It may also be mentioned that another Single Judge in the case of  Sangeeta Prints vs. Hemal Prints, MANU/MH/0398/1985 : 1985 Mh. L.J. 413...

Whether licensee can be directed to deposit licence fee during eviction proceeding?

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This decision was expressly overruled by the Division Bench which held that the court had such a power under Section 151, Civil P.C . The ...