Topic

Public Premises Act

3 articlesLatest June 2026
Public Premises Act Section 5(1) | Appellate Court Cannot Rely on New Evidence to Overturn Eviction for Unauthorised Subletting : Bombay HC
|Bombay High Court

Public Premises Act Section 5(1) | Appellate Court Cannot Rely on New Evidence to Overturn Eviction for Unauthorised Subletting : Bombay HC

The Bombay High Court struck down an appellate order that reversed eviction and compensation under the Public Premises Act, holding that unauthorised subletting without consent voids tenancy and appellate courts cannot introduce new evidence not presented before the Estate Officer. This reinforces the strict procedural boundaries in public property eviction cases, affecting statutory tenants and sub-lessees nationwide.

Public Premises Act, Section 9 | Writ Petition Maintainable Only in Emergent Eviction Threats : Bombay HC (Aurangabad Bench)
Case Law Analysis
|Bombay High Court

Public Premises Act, Section 9 | Writ Petition Maintainable Only in Emergent Eviction Threats : Bombay HC (Aurangabad Bench)

Bombay HC rules that writ jurisdiction under Article 226 is barred when an efficacious alternate remedy (appeal to District Judge under Section 9 of the Public Premises Act) exists, unless imminent execution threatens possession. The court granted limited protection to petitioners to approach the District Judge within 15 days, emphasizing exhaustion of statutory remedies before invoking writ jurisdiction.