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january 1952

Supreme Court of India · 1952-01-30

SHRIMANT SARDAR BHUJANGARAODAULATRAO GHORPADE vs SHRIMANT MALOJIRAO DAULATRAOGHORPADE AND OTHERS.

Citation / case number
SC 1950/56
Court
Supreme Court of India
Petitioner
SHRIMANT SARDAR BHUJANGARAODAULATRAO GHORPADE
Respondent
SHRIMANT MALOJIRAO DAULATRAOGHORPADE AND OTHERS.
Bench
BOSE, VIVIAN

Judgment text excerpt

The Supreme Court held that the suit regarding the Gajendragad estate was maintainable under Section 4 of the Bombay Revenue Jurisdiction Act, 1876, as it was a suit 'against the Crown' and related to lands held as saranjam. The Court ruled that the Civil Courts lacked jurisdiction to entertain the suit, as the claims against the other branches of the family could not be separated from the claim against the Government. The Court disapproved of Dattatreya Viswanath v. Secretary of State for India and approved Basalingappagowda v. Secretary of State and Daulatrao v. Government of Bombay, affirming that the Government's orders could not be challenged in this context.

SHRIMANT SARDAR BHUJANGARAODAULATRAO GHORPADE vs SHRIMANT MALOJIRAO DAULATRAOGHORPADE AND OTHERS. · Niyam