.....the year commencing on the first day of April; "Good faith" (20) "Good faith", a thing shall be deemed to be done in "good faith" where it is in fact done honestly, whether it is done negligently or not; NOTES Good faith.-See section 2(7) of the Indian Limitation Act, 1908, section 52 of the Indian Penal Code and section 178 of the Indian Contract Act. An ex parte decree was passed on February 12, 1935 by Ahmednagar Court and it was transferred to Poona Court on February 25, 1935. The decree was set aside on January 15, 1936. Again an ex parte decree was passed in 1936. No darkhast for execution of the subsequent decree was filed till June, 16, 1947, but four darkhasts were filed successively in Poona Court to execute the earlier decree of 1935 and were disposed off in 1936, 1939, 1942 and 1946 respectively. A fifth darkhast was filed in 1946 to execute the earlier decree and an application made in 1947 to amend the darkhast so as to execute the subsequent decree. It was held, that the decree holder was not entitled to claim relief under section 14(2) of the Indian Limitation Act as the previous darkhasts were not prosecuted in good faith.-Sadashiv Shivramv. Govind.....
View Complete Act List Judgments citing this section.....is first published as an Act in the Official Gazette; (ii) in the case of a Bombay Act 2[or Maharashtra Act] made after the commencement of the Constitution, it shall come into operation on the day on which the assent thereto of the Governor or the President, as the case may require, is first published in the Official Gazette]. (2) Unless the contrary is expressed, a Bombay Act [or Maharashtra Act] be construed as coming into operation immediately on the expiration of the day preceding its commencement. NOTES Extension of the Act.- It is clear that without notification, the Bombay Act could not be held to have been validly applied to the State of Kutch.-Agria Osman v. Kutch State, AIR 1951 Kutch 9. ____________________________ 1. This sub-section was substituted for the original sub-section by the Adaptation of Laws Order, 1950. 2. These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
View Complete Act List Judgments citing this section.....area, of the 5[State of Bombay]], "writing", and "year", apply also, unless there is anything repugnant in the subject or context, to all Bombay Acts made before the commencement of this Act. ____________________________ 1. The words "British India", "Government of India" and "Presidency of Bombay" were omitted by the Adaptation of Indian Laws Order in Council. 2. These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 3. These words were inserted by Bom. 17 of 1945 read with Bom. 52 of 1947, Section 2, proviso. 4. These words were inserted by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956 as amended by the Bombay Adaptation of Laws (State and Concurrent Subjects) (Second Amendment) Order, 1957. 5. These words stand unmodified vide the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 6. The words "Kutch area the State of Bombay", and "Saurashtra area of the State of Bombay" were omitted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 7. These words were inserted by the Bombay Adaptation of Laws (State and Concurrent.....
View Complete Act List Judgments citing this section.....in relation to Acts, Regulations and Ordinances of the State of Maharashtra passed, made or promulgated on or after the 1st day of May, 1960 and such provisions of this Act as relate to any notification, order, scheme, rule, bye-law or form shall apply also in relation to any notification, order, scheme, rule, by-law, or form issued or made under any Act, Regulation or Ordinance passed, made or promulgated on or after that date : Provided that, where any such Act, Regulation, Ordinance, notification, order, scheme, rule, by-law or form passed, made or promulgated on or after that date amends any Act, Regulation, Ordinance, notification, order, scheme, rule, by-law or form passed, made or promulgated in relation to any territory of the State of Maharashtra, not being the Bombay area of that State, the law in force in those territories in respect of the interpretation of the law so amended shall apply to the amending law, and not the provisions hereinafter of this Act.] _______________________________________ 1. This section was inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
View Complete Act List Judgments citing this section.....of days or any other period of time, to use the word, "to". (2) This section applies also to all Bombay Acts made before the commencement of this Act. NOTES The two parts of section 10(1) of the Bombay General Clauses Act, 1904 are independent. It is not as if the section applies only when the Legislature has used both the expression 'from' and 'to'.- Gopal Raghunath v. Govind Pandurang, I. L. R. 1953 Bom. 431 : AIR 1953 Bom. 198 : 55 Bom. L. R. 50. Word "From" having been used on date of notification was published would have excluded while calculating period of one month. Section 63 of the Maharashtra Municipal .Councils, Nagar Panchayats and Industrial Townships Act, 1965 envisages that applications has to be filed within a period not more than "one month" the date of notification of the election result. When expression "from" is used in section 63(2B) the same would necessarily mean that the first date in a series of date or period of time will have to be excluded in view of section 10 of the Bombay General Clauses Act, 1904.-Ravi s/o Anandilal Umre & Ors. v. Collector, Wardha & Anr.; Pradeep Sinha s/o Ujgar Sinha Thakur & Anr., 2008 (3) Mah. L.J. 758. .....
View Complete Act List Judgments citing this sectionConstruction of orders etc., issued under Bombay Acts 1[or Maharashtra Acts] Where, by any Bombay Act 1[or Maharashtra Act], a power to issue any notification, order, scheme, rule, by-law or form is conferred, then expressions used in the notification, order, scheme, rule, by-law or form, if it is made after the commencement of this Act, shall, unless there is anything repugnant, in the subject or context, have the same respective meanings as in the Act conferring the power. ____________________________ 1. These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
View Complete Act List Judgments citing this sectionWhere, by any Bombay Act 1[or Maharashtra Act], a power to issue notifications, orders, rules or bye-laws is conferred, then that power includes a power, exercisable in the like manner and subject to the like sanction and conditions (if any), to add to, amend, vary or rescind any notifications, orders, rules or bye-laws, so issued. NOTES Provisions of the section apply to administrative order but not to authority exercising judicial functions.-Trustees of Seth Mulrqj Khatau Trust v. Ramjio Govind, 1965 Mah. L. J. 90. Extension of the period of order.-That the power to make an order under section 37(3) of the Bombay Police Act must include a power to add to, amend, vary or rescind such an order.-Bapurao Dhondiba Jagtap v. State, AIR 1956 Bom. 300 : 58 Bom. L. R. 418. Section 5 of the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963 read with sections 14 and 21 of the Bombay General Clauses Act vest enough power in the Director to close an existing market and establish it elsewhere.- Rameshchandra Kachardas Porwal v. State, AIR 1981 SC 1127. In the case of Dunstan Savio Mcness @ Tony (Mr.) & Ors. v. R. H. Mendonca, Commissioner of Police & Ors.,.....
View Complete Act List Judgments citing this section(1) In any Bombay Act 1[or Maharashtra Act], and in any rule, by-law, instrument or document made under, or with reference to, any Bombay Act 1[or Maharashtra Act] any enactment may be cited by reference to the title or short title (if any) conferred thereon or by reference to the number any year thereof, and any provision in an enactment may be cited by reference to the section or sub-section of the enactment in which the provision is contained. (2) In this Act, and in any Bombay Act 1[or Maharashtra Act] made after the commencement of this Act, a description or citation of a portion of another enactment shall, unless a different intention appears, be construed as including the word, section or other part mentioned or referred to as forming the beginning and as forming the end of the portion comprised in description or citation. _________________________ 1. These words were inserted by Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
View Complete Act List Judgments citing this section.....affected by the Act. Dhondi Tukaram v. Han Dadu, I. L. R. 1953 Bom. 959 : AIR 1954 Bom. 100 : (1953) 55 Bom. L. R. 663. In the instant case, the facts which have given rise to controversy are not in the issue. In view of the Nagpur Bench of the High Court in the case of Sangharsh Kruti Samitiv. State of Maharashtra, 2007 (1) Bom. C.R. 712, the High Court, while applying the law laid down by the Apex Court to the facts of this case held that though the State Government has issued Notification dated 27.2.2002 in supersession of Notification 6.10.1967, however in view of provisions of section 7(c) of the Bombay General Clauses Act, 1904 the Notification dated 27.2.2002 can only be prospective in nature and would not affect the actions/proceedings initiated prior to issuance of Notification dated 27.2.2002 particularly because the text of said Notification does not indicate that it operates retrospectively. Repeal of Bombay Rent Act whether affects rights incurred thereunder.-Under section 7 of the Bombay General Clauses Act, rights under Bombay Rent Act do not get affected unless there is specific provision to the effect under the repealing Act.-Dhanrqj Bhuddsingh Gupta v......
View Complete Act List Judgments citing this section.....executed. (2) This section applies also to all Bombay Acts made before the commencement of this Act. NOTES Commissioner of Police.-The Assistant Commissioner of Police was a functionary who could, by virtue of section 17 of the Bombay General Clauses Act, discharge the functions of the Commissioner under section 6 (1) of the Gambling Act in the matter of issuing a special warrant.-Janardhan v. State of Maharashtra, 1978 (2) SCC 465 : 1978 SCC (Criminal) 277 : AIR 1978 SC 1234. Section 17 of the Bombay General Clauses Act, 1904 makes it clear that where any officer or office is invested with powers or functions under any State Act, such powers and functions can be validly exercised by any person who holds such post or office from time to time.-Engineering and Metal Workers Union v. Commissioner of Labour, 2003 (4) Bom. C.R. 804 : 2003 (2) All M.R. 528. ____________________________ 1. These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
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