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Bombay High Court Allows Revision in Tenancy Dispute, Restores Orders of Agricultural Land Tribunal and SDO. Landlord-Tenant Relationship Established Under Bombay Tenancy and Agricultural Lands Act, 1948 — MRT Exceeded Jurisdiction by Reappreciating Evidence.

The petitioners, legal representatives of the original landholder Damodar, challenged a judgment of the Maharashtra Revenue Tribunal (MRT) dated 16 Ma...

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Bombay High Court Allows Re-Reference of Mundkarial Issue to Mamlatdar in Civil Suit — Civil Court Has Power to Re-Refer Issue When Earlier Reference Dismissed in Default Without Adjudication on Merits

The petitioner, original defendant in a civil suit, raised a claim of mundkarial rights over the suit property. The Civil Judge framed issue no.7 rega...

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Bombay High Court Upholds Decree for Restoration of Possession Under Section 6 of Specific Relief Act, 1963 — Trial Court's Finding on Ownership Held Without Jurisdiction. Court sets aside finding on ownership but confirms decree as plaintiffs proved prior possession and wrongful dispossession.

The case involves a Civil Revision Application filed by the original defendant against a decree passed by the learned Joint Civil Judge, Senior Divisi...

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Bombay High Court Dismisses Application for Restoration of Contempt Petition - Contempt Proceedings Cannot Be Restored Once Dropped Due to Double Jeopardy Principle. The Court held that restoration would violate the principle of autrefois acquit under Section 12 of the Contempt of Courts Act, 1971.

The applicant, Shri Damodar Sadashiv Agre, filed a contempt petition (Contempt Petition No.29 of 2004) alleging non-compliance of an order passed by t...

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Bombay High Court Allows Restoration of Appeal Dismissed for Default Under Order 41 Rule 19 CPC — Sufficient Cause Shown for Absence of Appellant and Advocate. Appellant's Explanation of Being Misled by Advocate Accepted as Sufficient Cause for Restoration of Appeal.

The appellant, original defendant in a suit, challenged the judgment and decree of the trial court dated 17th September 1987 by filing an appeal in th...