AI Overview...
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No File and Appeal Not Maintainable in Court - The sources indicate that under the Bombay Land Revenue Code and related laws, certain claims or appeals, such as those related to land titles or administrative decisions, are not explicitly provided for or are not maintainable in court. For instance, the advocate for respondents could not point out provisions allowing appeals to administrative tribunals or courts, suggesting that some appeals are not permissible or are explicitly barred Gopal Dattu Pal VS Administrator of Communidade of Bardez - Bombay.
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Lack of Provision for Appeal in Land Matters - Courts have held that procedural provisions do not provide for appeals against certain administrative decisions concerning land, especially when the law does not specify such rights. For example, appeals against the Collector’s orders or administrative recommendations concerning land are often dismissed on the ground that no statutory provision exists for such appeals Sumara Mohmad Idrish Mahebubmiya VS State of Gujarat - Gujarat.
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Appeal Not Maintainable in Land Revenue Cases - In cases involving the Bombay Land Revenue Code, courts have dismissed appeals filed against revenue authorities' decisions, emphasizing that the law does not envisage an appeal process for such orders or that the appeal is not maintainable under the relevant sections, such as Section 211. The courts also highlight that revisional powers are limited and do not extend to all administrative orders T. R. ASSOCIATES VS STATE - Gujarat.
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Judicial View on Suit and Appeal Rights - Courts have clarified that a person cannot set up a title or claim through appeals if the statutory provisions do not support such proceedings. For instance, in land disputes, the courts have maintained that unless the law expressly provides for an appeal, the litigant cannot maintain a suit or appeal based solely on administrative orders or claims of title GNYANESHWAR S/O SHARVALINGAM VS RAMGOPAL S/O KANHAYALAL MALU SINCE DECEASED BY LRS. - Karnataka.
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Restrictions on Filing Appeals and Maintaining Status Quo - In certain cases, the courts have ordered parties to maintain status quo during the pendency of appeals but have also dismissed appeals where no legal basis exists. For example, appeals against orders for temporary injunctions or alienations are dismissed if the law does not support such appeals, reaffirming that some decisions are final and not subject to appeal Medasani Ramesh Babu VS Medasani Hymavathi - Andhra Pradesh.
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Summary of Legal Position - Overall, the sources establish that under the Bombay Land Revenue Code and related laws, certain land-related decisions, especially administrative or revenue orders, are not subject to appeal or are explicitly not maintainable in court. The courts emphasize adherence to statutory provisions, and where no appeal provision exists, attempts to challenge such decisions are dismissed.
References: - Gopal Dattu Pal VS Administrator of Communidade of Bardez - Bombay - Sumara Mohmad Idrish Mahebubmiya VS State of Gujarat - Gujarat - BADRUNNISHA MOHMMAD SIKADAR VS KESHIBEN JETHALAL PARMAR - Gujarat - GNYANESHWAR S/O SHARVALINGAM VS RAMGOPAL S/O KANHAYALAL MALU SINCE DECEASED BY LRS. - Karnataka - Medasani Ramesh Babu VS Medasani Hymavathi - Andhra Pradesh - Bhanu Kumar Jain VS Archana Kumar - Rajasthan - T. R. ASSOCIATES VS STATE - Gujarat - HITESH RAMANLAL PATEL vs SENTINEL PROPERTIES PVT LTD - Gujarat - Stressed Assets Stabilisation Fund vs Ms. Rekha Kantilal Shah - National Company Law Tribunal - Manohar Joshi VS State of Maharashtra - Supreme Court
Search Results for "Ca was Not File and Appeal Not Maintain Able in Court under Bombay Land Code"
2014 0 Supreme(Bom) 825 • India - Bombay
Z.A.HAQ
The Advocate for the respondents have not been, able to point out any provision which provides for an appeal to the Administrative ... to independently maintain a suit in respect of the property belonging to the Communidade. ... an appeal to the administrator has to be rejected. ... The learned Advocate for the Respondents have not been able to point out any provision which provides for an appeal to the Administrative Tribunal against the recommendat....
2012 0 Supreme(Guj) 255 • India - Gujarat
BHASKAR BHATTACHARYA, J.B.PARDIWALA
Head Note : ... Bombay Land Revenue Code (Bom. ... after considering all aspects Collector dismissed the appeal — Court found that issue in question is considered at length by the ... plots and the layout was sanctioned by Deputy Collector — Appeal against the relevant aspects was filed before the Collector and ... The appeal came to be registered as Appeal/Case No. 02 of 2011. After considering all relevant aspects, the Collector was pleased to dism....
2000 0 Supreme(Guj) 267 • India - Gujarat
K.R.VYAS
- Review not in contravention of Order 47 Rule 1 - No merit in appeal from order - Appeal dismissed - Learned Judge directed to ... Till then, the parties shall maintain status quo as ordered by the trial Court. ... decide Ex. 6 afresh in accordance with - Parties to maintain status quo. ... The Bombay High Court even in the case of Balling Vithaling (supra) has observed that:"the rule, then, is that if a litigant who has filed an appeal#HL....
2021 0 Supreme(Kar) 471 • India - Karnataka
M.G.S.KAMAL
sets up title in himself which raises cloud over the title of plaintiff then necessarily in those circumstances plaintiff cannot maintain ... Result: Appeal allowed ... Civil Procedure Code, 1908 - Section 100, 100(4) and 100(5) - Order 41 Rule 27 - Second Appeal - Plaintiff ... (3) FAKHIRBHAI BHAGWANDAS (supra), the Bombay High Court has held that "it is not necessary for the person claiming injunction to prove his title to the suit land. ... Second App....
2009 0 Supreme(AP) 108 • India - Andhra Pradesh
P.S.NARAYANA
temporary injunction restraining the respondents from making alienation of the plaint schedule property during the pendency of the appeal ... respondents from making any alienations relating to the plaint schedule property by way of sale or otherwise, till the disposal of the appeal ... restraining the respondents from making any alienations either by way of sale or otherwise – Held, this Court is satisfied that ... Bombay AIR 1971 Bombay 48 it was observed as hereunder. ... Hari Haran, learned counsel ....
2004 0 Supreme(Raj) 1219 • India - Rajasthan
B.P.SINGH, S.B.SINHA, N.S.HEGDE
an appeal is dismissed, Appellant cannot raise same contention in First Appeal – Case remitted to High Court for consideration. ... Once such an appeal is dismissed, the Appellant cannot raise the same contention in the First Appeal. ... 1 of the Code. ... We, however, do not agree with Mr. Ranjit Kumar that the Appellant herein has no locus standi to maintain this appeal. In terms of Order 22, Rule 10 of the Code ....
1999 0 Supreme(Guj) 625 • India - Gujarat
D.C.SRIVASTAVA
revision under Sec. 211of the Bombay Land Revenue Code. ... - One Suresh Laxmidas Mehta filed Revision before Secretary (Appeal) under Sec. 211 under Revenue Code - Locus standi of Mr. ... (a) Bombay Land Revenue Code - Sec. 211 - Revision - Exercise of Revisional power - Revision filed - Locus standi of person - Whether ... the State Government under Section 211 of the Bombay Land Revenue Code. .....
• India - High Court of Gujarat
A.J. SHASTRI, J
agricultural land transactions is mandatory to maintain compliance with tenancy laws. ... ... ... Result: Appeals allowed, trial court's order quashed. ... but did not meet legal requirements under Section 63 as it is a non-agriculturist. ... The plaintiff, being a company, cannot maintain the suit as being not termed as “an agriculturist” and also there is a gross delay in approaching the Court for seeking equitable relief. As a result of this, the #HL_S....
2023 Supreme(Online)(NCLT) 1389 • India - National Company Law Tribunal
Reeta Kohli, Member (Judicial), Sanjiv Dutt, Member (Technical)
Bombay Land Revenue Code , 1879 However, no steps whatsoever were ever taken by the promoters of the Corporate Debtor to retrieve the said lands. ... 8682The subject land was declared as Prohibited Land under provisions of See 73 AA of Bombay Land Revenue Code 1879 as land owner was Tribal by caste. Vide Regd. Sale Deed dated 02.02.1999, Mr. ... However, prior permission of sale of said land was not#HL_EN....
2011 0 Supreme(SC) 1210 • India - Supreme Court
R.V.RAVEENDRAN, H.L.GOKHALE
were assured to them by developer and landlord, and are therefore, continuing to maintain their appeals - Held, Developer shall ... Maharashtra Regional and Town Planning Act, 1966 - Section 10 - Bombay Town Planning Act 1954 - Section ... subsisted in spite of coming into force of Development Plan reserving the plot for a primary school is liable to be rejected – Appeal ... He was also asked to inform as to when had the PMC filed its appeal in the Bombay High Court, ....
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