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Mumbai Court July 1975 Judgments

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Jul 01 1975

Mukhtvar Begum Vs. the Commissioner, Nagpur Division, Nagpur and ors.

Court: Mumbai

Decided on: Jul-01-1975

Reported in: AIR1976Bom55

Lalit, J. 1. The petitioners in this petition has challenged the notification dated September 18, 1968 under Section 4 of the Land Acquisition Act. The petitioner owns land bearing S. No. 13 situates Kondari. The two villages Mouza Kondari and Mouza Kondari Mitra Wakanad join each other. The present Gaothan for the two villages has a total area of 13 acres 22 gunthas. Village Kondari has a Gaothan of 7 acres 17 gunthas and in village Mouza Kondari Mitra the Gaothan extends over an area of 6 acres 5 gunthas. The notification under Section 4 of the act. proposed an acquisition from S. No. 13 belonging to the petitioner to the extent of an area of 3 acres and 11 gunthas. The purpose of acquisition of the said land was for extension of gaothan of village Kondari. A resolution was made by the Gram Panchayat of village Kondari Maira Wakan whereby it was resolved that on account of floods in the year 1961. so houses in the villages were inundated an, therefore it was necessary to acquire an a...


Jul 01 1975

Nago Dattu Mahajan Vs. Smt. Yeshodabai Huna Mahajan

Court: Mumbai

Decided on: Jul-01-1975

Reported in: (1976)78BOMLR427

Deshpande, J.1. The petitioner is the tenant of the lands in dispute, while respondent No. 1 is the owner thereof. Respondent No, 1 has been a widow since before the tillers' day on April 1, 1957. Her application for possession of the lands, for personal cultivation, under Section 31(7) read with Section 29 of the Bombay Tenancy and Agricultural Lands Act of 1948 (hereinafter referred to as 'the Act'), made before March 31, 1957, was rejected on December 26, 1958 and this order was finally confirmed by the Revenue Tribunal in revision on June 15, 1964.2. The petitioner claimed to have become the statutory purchaser of the land on June 15, 1964 under Section 32(7)(I). The Agricultural Lands Tribunal accepted his claim and fixed the price of the land under Section 32G of the Act. This order was virtually confirmed in appeal with slight modifications. Respondent's revision to the Revenue Tribunal, however, was accepted. The Tribunal held that the claim was covered by &. 32F (7)(a) of the ...


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