Search Results for "Maharashtra Tenancy and Agricultural Lands Act, 1948"

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Search Results for "Maharashtra Tenancy and Agricultural Lands Act, 1948"

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High Court

Bombay High Court Holds Single Judge Can Hear Petitions Under Article 226/227 Against Any Judicial/Quasi-Judicial Order, Not Limited to Listed Acts. The Full Bench resolves the conflict and clarifies that Rule 18 of the Bombay High Court Appellate Side Rules, 1960 is procedural and does not restrict the Single Judge's jurisdiction to specific Acts.

4 Oct 2023

The case arose from a writ petition filed by M/s. Magnum Opus IT Consulting Pvt. Ltd. under Article 227 of the Constitution of India, challenging an o...

High Court

Bombay High Court Allows Refund of Stamp Duty for Unconsummated Transactions Under Section 49 of Maharashtra Stamp Act, 1958 — Petitioner Entitled to Refund Despite Delay in Application. The court held that the limitation period under Section 49 should be liberally construed to avoid unjust enrichment, and that the petitioner's delay in applying for refund was condonable as the transactions never materialized.

21 Sep 2023

The petitioner, Vilas Eknath Nandgude, filed six writ petitions challenging orders dated 31 December 2019 passed by the Deputy Inspector General of Re...

High Court

Bombay High Court Allows Refund of Stamp Duty for Unconsummated Transactions Under Section 49 of Maharashtra Stamp Act, 1958. Petitioner's applications for refund were within limitation period and refusal by authorities was arbitrary.

21 Sep 2023

The petitioner, Vilas Eknath Nandgude, filed six writ petitions challenging orders dated 31 December 2019 passed by the Deputy Inspector General of Re...

High Court

Bombay High Court Dismisses Writ Petition Challenging MRT Order Rejecting Revision in Tenancy Dispute — Tenant Status Not Established on Revenue Records. The court held that the burden of proof lies on the person claiming tenancy rights, and mere mutation entry without corroborative evidence is insufficient under the Bombay Tenancy and Agricultural Lands Act, 1948.

6 Jan 2023

The petitioners, claiming to be tenants of agricultural land, challenged an order of the Maharashtra Revenue Tribunal (MRT) dated 09 December 2013, wh...

Supreme Court

Supreme Court Allows Appeal in Civil Suit Challenging Tenancy Proceedings, Remands for Trial on Limitation and Jurisdiction. Plaint Rejection Under Order VII Rule 11(d) CPC Set Aside as Limitation and Civil Court Bar Under Section 85 of Maharashtra Tenancy and Agricultural Lands Act, 1948 Are Triable Issues Requiring Evidence.

17 Sep 2021

The dispute originated from a civil suit filed in 1987 by 13 plaintiffs claiming to be legal representatives of Haji Ali Mohammed Hajee Kassam Agboatw...

High Court

Bombay High Court Quashes SDO and MRT Orders in Tenancy Dispute for Non-Consideration of Limitation Issue. Remands Matter for Fresh Adjudication Under Section 70(b) of Bombay Tenancy and Agricultural Lands Act, 1948.

5 Dec 2012

The petitioners, Jamatul Muslimin Jama Mashid Mandiwali, claimed that suit land Survey No.85/1 admeasuring 0.34 Gunthas in village Mandivali, Taluka D...

High Court

Bombay High Court Allows Writ Petition Challenging Remand Order by Maharashtra Revenue Tribunal in Tenancy Rent Dispute. The Court held that under Section 76 of the Bombay Tenancy and Agricultural Lands Act, 1948, the Tribunal cannot remand unless evidence is insufficient or opportunity to lead evidence was denied.

25 Nov 2011

The petitioners, original plaintiffs in a suit for recovery of rent (RCS No. 97 of 1978), challenged the order of the Maharashtra Revenue Tribunal (MR...

High Court

Bombay High Court Allows Writ Petitions Challenging Tenancy Certificate in Mortgage Disguised as Sale. Agreement of Sale Held to be a Mortgage by Conditional Sale Under Bombay Tenancy & Agricultural Lands Act, 1948.

11 Jan 2011

The petitioner, Allauddin Bapubhai Mulla, was the owner of two agricultural lands, Gat No. 44/3B/1A and Gat No. 40/1A, situated at village Degaon, tal...

High Court

Bombay High Court Allows Writ Petition Challenging Maharashtra Revenue Tribunal Order in Land Tenancy Dispute — Held That Tenant's Right to Purchase Land Under Section 32G of Bombay Tenancy and Agricultural Lands Act, 1948 Is Not Extinguished by Mere Non-Payment of Purchase Price. The High Court Quashed the Tribunal's Order and Restored the Tenancy Court's Order, Directing Reasonable Time for Payment.

1 Dec 2010

The writ petition was filed by the legal heirs of the original tenant, Gondu Ramu Pandit (deceased), challenging the judgment and order dated 26th Oct...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit — Upholds Agreement to Sell Despite Non-Payment of Balance Consideration. Court Holds That Time Was Not of Essence in Absence of Express Stipulation and That Possession Delivered Under Agreement Constitutes Part Performance.

16 Dec 2005

The dispute arose out of an agreement to sell dated 1st June 1978 executed by the original defendant No.2 (since deceased, represented by appellants) ...

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