Search Results for "Mamlatdars' Courts Act"

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Search Results for "Mamlatdars' Courts Act"

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High Court

Bombay High Court Examines Petitioner in Mamlatdar's Courts Act Interim Injunction Challenge — No Final Decision in Available Text. The Court considered whether Mamlatdar had power under Section 5(2) of Mamlatdar's Courts Act, 1906 to grant temporary injunction and whether Order XXXIX Rule 2 of the Code of Civil Procedure, 1908 applied, but the extracted judgment ends at Paragraph 11 without recording a verdict.

30 Sep 2021

The writ petition before the Bombay High Court, Nagpur Bench arose from a challenge to an interim injunction granted by the Mamlatdar under the Mamlat...

High Court

High Court of Bombay Quashes Revisional Order in Right-of-Way Dispute for Non-Compliance with Mandatory Procedure under Mamlatdars’ Courts Act. The Court Held That a Wrongly Titled Application Can Be Amended to Proceed Under Section 5 of the Mamlatdars’ Courts Act, but Non-Compliance with the Mandatory Procedural Requirements of Sections 7 to 10 Vitiates the Proceedings.

23 Feb 2023

The writ petition arose from a right-of-way dispute concerning obstruction of a road passing through the petitioners’ land. Respondents 3 to 15, own...

High Court

Gujarat High Court Quashes Mamlatdar's Order in Right of Way Dispute Under Mamlatdars' Courts Act, 1906 — Lack of Jurisdiction and Non-Compliance with Statutory Procedure. The Court held that the Mamlatdar exceeded his jurisdiction by deciding title and failing to follow the mandatory procedure under Sections 5 and 6 of the Act, rendering the orders void ab initio.

9 Feb 2026

The petitioners, owners of Survey No. 72 and Survey No. 78 in Village Mandal, Taluka Dhanera, filed a Special Civil Application under Article 226 of t...

High Court

Gujarat High Court Quashes Mamlatdar's Order in Way Obstruction Case Under Mamlatdars' Courts Act, 1906 — Lack of Proper Identification of Way and Non-Compliance with Natural Justice. The Court held that proceedings under Section 5 of the Mamlatdars' Courts Act, 1906 require strict compliance with procedural safeguards, including proper identification of the way and opportunity of hearing.

5 Jan 2026

The petitioners, Rabari Punjaben Govabhai and another, filed a Special Civil Application before the Gujarat High Court challenging orders passed by th...

High Court

Bombay High Court Quashes Mamlatdar's Order in Passage Obstruction Case Due to Violation of Natural Justice. Petitioner Denied Opportunity to Cross-Examine Witnesses and Adduce Evidence Under Section 5 of Mamlatdars Courts Act, 1906.

3 Jan 2019

The petitioner, Sudhir Yashwant Dhangade, challenged the orders dated 16/06/2017 and 02/01/2018 passed by the learned Tehsildar (Mamlatdar), Chiplun a...

High Court

Bombay High Court Dismisses Writ Petition Challenging Mamlatdar's Order to Remove Obstructions in Agricultural Way. Jurisdiction of Mamlatdar's Court Under Section 5 of Mamlatdars' Courts Act, 1906 is Not Barred by Pendency of Civil Suit for Declaration of Right of Way.

13 Jul 2010

The petitioners, owners of Gat Nos. 40/8 and 40/9, challenged the orders of the Tahsildar and Sub Divisional Officer directing them to remove obstruct...

High Court

Bombay High Court Allows Writ Petition Challenging Sub-Divisional Officer's Revision Order for Lack of Jurisdiction Under Mamlatdars' Courts Act, 1906. Sub-Divisional Officer Not Authorized to Exercise Revisional Powers Under Section 23(2) of the Act.

24 Jul 2014

The petitioner, Bija Maroti Hatwar, filed an application under Section 5 of the Mamlatdars' Courts Act, 1906, seeking to restrain respondent no.1 from...

High Court

Bombay High Court Dismisses Petition Challenging Mamlatdar's Order Under Section 5 of Mamlatdar's Courts Act, 1906 — Right of Way Established by Concurrent Findings of Fact. The court upheld the orders directing removal of obstruction to a right of way, finding no perversity or jurisdictional error in the concurrent findings of the Mamlatdar and Sub-Divisional Officer.

18 Jan 2023

The petitioners, who are adjacent landholders, challenged the orders of the Mamlatdar under Section 5 of the Mamlatdar's Courts Act, 1906 in Rasta Cas...

High Court

Bombay High Court Allows Second Appeal in Right of Way Dispute Under Mamlatdars' Courts Act, 1906 — Civil Court Jurisdiction Barred for Orders Under Section 5 of the Act. The Court held that the remedy against a Mamlatdar's order granting right of way lies by way of appeal to the Collector under Section 7 of the Act, and the Civil Court has no jurisdiction to entertain a suit challenging such order.

8 Mar 2017

The appellant, original defendant No.1, was granted a right of way over the plaintiff's field by the Mamlatdar under Section 5 of the Mamlatdars' Cour...

High Court

Bombay High Court Dismisses Petition Challenging Removal of Obstruction Under Mamlatdars' Courts Act, 1906 — Concurrent Findings of Fact Not Interfered With. Right of Way Established Through Revenue Records and Prior Orders, No Perversity Found in Mamlatdar's Order Under Section 5 of Mamlatdars' Courts Act, 1906.

30 Sep 2016

The petitioners, Vishnu Sukhdev Ghanvat and others, filed a writ petition challenging the decisions of the Sub Divisional Officer, Pathardi, in Revisi...

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