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Gangaram Chhabildas Charity Trust ... vs The State Of Maharashtra And Others on 13 January, 2022
cites
Amrit Bhikaji Kale & Ors vs Kashinath Janardhan Trade & Anr on 11 May, 1983
In support of his submission he
cited the decision in the case of Amrit Bhikaji Kale & Ors vs Kashinath
Janardhan Trade & Anr; (1983) 3 Supreme Court Case 437.
M/S Rushabh Outdoors And Anr vs The State Of Maharashtra And Anr on 19 March, 2021
12. So far as principle of res judicata is concerned Mr. Anturkar
would cite the decision of Division Bench of this Court in the matter of
Rushabh Outdoors and Anr. Vs. the State of Maharashtra and Anr.; Writ
16/25
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wp.4200.14.odt
Petition No.227/2017 dated 19.03.2021. He would submit that as has been
held by this Court, the principle of constructive res judicata has been held to
be not applicable to the Writ Petitions. He would further pointed out that
while reaching such a conclusion the Division Bench has relied upon the
decisions of the Supreme Court in the following matters :
The Amalgamated Coalfields Ltd. And ... vs The Janapada Sabha, Chhindwara (And ... on 10 February, 1961
i) Amalgamated Coalfields Ltd. Vs. Janapada Sabha Chhindwara
and Ors.; 1963 Supp (1) SCR 172.
Section 32 in The Maharashtra Tenancy and Agricultural Lands Act, 1948 [Entire Act]
Section 3 in The Punjab Tenancy Rules [Entire Act]
Janardan Dagdu Khomane vs Eknath Bhiku Yadav . on 18 September, 2019
In the case of Janardan Dagdu Khomane (supra), certainly, the Trust having
become owner of the property in dispute after the tillers' day on which the
tenant had already become a deemed purchaser was held to be having no
title. In the matter in hand, though the Trust has derived the title after the
crucial date, once having concluded that the provisions of Section 32 to 32 R
of the Tenancy Act were not applicable in view of the order under Section
43A(1)(b), certainly Anandibai and Chetan are not entitled to derive any
benefit of this decision.
Section 115 in The Indian Evidence Act, 1872 [Entire Act]
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