Search Results for "Section 41(e)"

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Bombay High Court Allows Tenant's Petition Challenging Land Transfer Without Previous Sanction Under Section 43 of Bombay Tenancy Act. Post-transfer sanction cannot regularize invalid transfer; MRT order set aside.

The petitioner, Smt. Saraswati Shamrao Dhere, was a tenant of half portion of agricultural land in Shiroli, Kolhapur. Respondent Nos. 2 and 3 were ten...

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Bombay High Court Upholds Joint Charity Commissioner's Direction to Amend Trust Constitution Under Section 41A of Bombay Public Trust Act, 1950 — Trustees Voluntarily Agree to Consider Amendment, Rendering Their Challenge Infructuous.

The judgment concerns two writ petitions arising from an order of the Joint Charity Commissioner, Amravati, under Section 41A of the Bombay Public Tru...

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Bombay High Court Holds Amendment to Section 26 of Bombay Civil Courts Act Prospective, Not Applicable to Pending Appeals. Amendment increasing pecuniary jurisdiction of District Court from Rs.1 lakh to Rs.5 lakh does not apply to appeals already filed before the amendment came into force.

The Bombay High Court considered a reference arising from a learned Single Judge's order dated 4 March 2011, which formulated two questions regarding ...

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Bombay High Court Dismisses Petition to Quash FIR for Cheating Against Educational Trust and Its Members. Disputed Questions of Fact Regarding Alleged Misappropriation of Funds and Breach of Agreement Cannot Be Adjudicated Under Section 482 CrPC.

The petitioners, including a public trust and its present and former managing committee members, sought quashing of FIR No. 31/2011 registered with th...

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Bombay High Court Dismisses Contempt Petition Against Office Bearers of Ayyappa Samajam for Alleged Violation of Consent Terms. Court holds that contempt proceedings are not maintainable against persons who are not parties to the consent terms and that the remedy lies in execution proceedings.

The petitioners filed a contempt petition alleging that the respondents, office bearers of Ayyappa Samajam, Nagpur, violated consent terms recorded in...

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Bombay High Court Dismisses Appeal in Will Construction Case — No Substantial Question of Law Found. Interpretation of Will and Codicil Held to Be a Question of Fact, Not Law, Under Section 100 CPC.

The case involves a First Appeal registered as such but to be decided as a Second Appeal under Section 100 of the Code of Civil Procedure, 1908. The a...