Search Results for "Statutory Tenancy"

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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.

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 ...

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Bombay High Court Dismisses Writ Petition of 41 Agriculturists Challenging Eviction from Government Land Leased to Maharashtra State Farming Corporation. Petitioners Failed to Establish Tenancy Rights Under Maharashtra Land Revenue Code, 1966, and Were Held to Be Encroachers.

The petitioners, 41 individuals, filed a writ petition challenging their eviction from land in Rastapur, Taluka Rahata, District Ahmednagar. The land ...

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Bombay High Court Dismisses BPCL's Second Appeal in Lease Dispute — No Registered Lease Deed, No Protection Under Section 53A of Transfer of Property Act. Appellant failed to prove possession in part performance of contract as lessee failed to execute registered lease deed despite 1965 agreement.

The appellant, Bharat Petroleum Corporation Limited (BPCL), filed a second appeal against the concurrent decrees of the trial court and the first appe...

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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.

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

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Bombay High Court Allows Appeal Against Remand Order in Specific Performance Suit — Trial Court's Dismissal of Suit for Want of Proof Restored. Remand by First Appellate Court Set Aside as It Failed to Consider That Plaintiff Did Not Prove Readiness and Willingness to Perform Contract.

The appellant, Subhadrabai Thakre, filed a suit for specific performance of an agreement of sale dated 28.3.2002, by which she agreed to purchase agri...

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Bombay High Court Dismisses Writ Petition Challenging Small Causes Court Jurisdiction in Rent Dispute. Dispute between a person claiming to be a joint tenant and a trespasser is a suit under the Bombay Rents, Hotel Lodging House Rates Control Act, 1947, triable by the Small Causes Court.

The petitioner, Mrs. Mani Seervai, challenged an order dated 28th February 1986 passed by the Court of Small Causes in R.A.E. Suit No. 1058/3267 of 19...

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Bombay High Court Dismisses Appeal Against Rejection of Injunction in Municipal Notice Challenge. Notice under Section 354 of MMC Act for demolition of dilapidated building held valid despite alleged lack of service to occupier, as reconstruction of already demolished room cannot be ordered.

The appellants, Sumitra Shashikant Khokhani, Vishesh Shashikant Khokhani, and Sanjay Shashikant Khokhani, were occupants of room No. D-4 admeasuring 2...

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Bombay High Court Dismisses Developer's Suit for Specific Performance Against Cooperative Housing Society and Members Due to Lack of Privity and Authority. The court held that a cooperative society cannot bind its members to a development agreement without their consent, and the suit was not maintainable.

The plaintiff, Vardhman Developers Ltd., filed a suit for specific performance of a development agreement against Borla Co-operative Housing Society L...