Search Results for "section 36A"

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Search Results for "section 36A"

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High Court

Bombay High Court Allows Reference Under Section 36B of Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947 — Civil Court Must Refer Issue of Sale Deed Validity to Competent Authority. The court held that the provision is mandatory and the civil court cannot decide the effect of the Act on a document itself.

12 Oct 2018

The petitioners, defendants in Regular Civil Suit No. 215/2013, challenged the order dated 29.06.2017 passed by the Joint Civil Judge, Junior Division...

High Court

Bombay High Court Allows Tribal Landowner's Petition Challenging Refusal of Prior Approval Under Section 36A of Maharashtra Land Revenue Code. Government Circular Cannot Override Statutory Provisions for Sale of Tribal Land.

20 Apr 2021

The petitioner, Kisan Songya Bangara, a tribal agriculturist, owned land in Valshind, Thane. He sought to sell the land to respondent No. 6, a non-tri...

High Court

Bombay High Court Allows Trustees' Petition Against Joint Charity Commissioner's Order Rejecting Application for Want of Jurisdiction. Jurisdictional bar under Section 36A(3A) of Maharashtra Public Trust Act, 1950 does not apply to applications for directions regarding trust property.

11 Mar 2024

The petitioners, Dara H. Satpatiwala and Nevil M. Billimoria, are trustees of Pinnacle Global Foundation, a public charitable trust registered under t...

High Court

Bombay High Court Allows Writ Petition of Agriculture Produce Market Committee Against Labour Court Order Granting Benefits Under Section 33C(2) of Industrial Disputes Act — Held That Computation of Benefits Under Section 33C(2) Cannot Be Based on Prior Adjudication of Entitlement Which Was Not Finally Decided.

28 Jul 2011

The petitioner, Agriculture Produce Market Committee, Gondia, challenged the judgment and order dated 15/11/2010 passed by the Labour Court in Referen...

High Court

Bombay High Court Allows Writ Petition in Fragmentation Act Jurisdiction Case — Civil Court Has Jurisdiction to Declare Ownership Despite Consolidation Scheme. The suit for declaration of ownership and injunction is not barred under Section 36(A) of Prevention of Fragmentation and Consolidation Holdings Act, 1947 as it does not directly challenge the consolidation scheme.

13 Jun 2024

The petitioners filed Regular Civil Suit No.175/2011 for declaration of ownership and perpetual injunction in respect of suit property at Survey No.52...

High Court

Bombay High Court Dismisses Writ Petitions Seeking Direction to Provide Arbitration in Expired Toll Collection Contracts. Clause 36 of Agreement Held Not an Arbitration Agreement; Court Cannot Direct Parties to Arbitrate Under Article 226.

6 Nov 2020

The Bombay High Court dismissed two writ petitions filed by M/s. MEP RGSL Toll Bridge Pvt. Ltd. and Raima Toll & Infrastructure Pvt. Ltd., both specia...

High Court

Bombay High Court Allows Writ Petition; Revision Under Section 76 of BT & AL Act Maintainable Despite Prior Suo Motu Revision Under Section 76A. Full Bench Decision in Shireen Sami Gadiali (2011 (3) Mh.L.J. 486) Held Inapplicable as It Involved Section 154 of MCS Act, 1960, Not BT & AL Act.

21 Feb 2012

The writ petition challenged an order of the President, Maharashtra Revenue Tribunal, Mumbai, dismissing a tenancy revision application as not maintai...

High Court

Bombay High Court Disposes Public Interest Litigation with Directions to Enforce Tribal Land Transfer Restrictions. Section 36A of the Maharashtra Land Revenue Code, 1966, Prohibition 'or otherwise' Encompasses Development Agreements and Powers of Attorney to Prevent Alienation of Tribal Land.

12 Jul 2013

Background: The petitioner, a registered tribal welfare organization, filed this Public Interest Litigation raising concern over illegal transfers of ...

High Court

Bombay High Court Quashes Collector's Refusal to Grant Prior Approval Under Section 36A of Maharashtra Land Revenue Code for Sale of Tribal Land. Failure to Consider Petitioner's Application on Merits and Reliance on Unrelated Government Circular Renders Impugned Orders Unsustainable.

20 Apr 2021

The petitioner, Kisan Songya Bangara, a tribal agriculturist, along with his family members, owned land bearing Survey No.46/2 (12.1 Ares) and Survey ...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit Involving Tribal Land Transfer. Decree for specific performance of agreement to sell tribal land to non-tribal can be granted subject to obtaining permission under Section 36A of Maharashtra Land Revenue Code.

17 Dec 2018

The appellant, Babasaheb Dhondiba Kute, a non-tribal, entered into an agreement dated 31.07.2001 with the respondent, Radhu Vithoba Barde, a tribal, f...

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