Court : Mumbai
Reported in : 1992(1)BomCR240
..... actually taken through the revenue authorities, the tenancy does not come to an end. section 44 is one of the provisions of the hyderabad tenancy and agricultural lands act, 1950, providing for the termination of tenancy. which is the point of time at which such tenancy stands terminated will have to be interpreted looking to the provisions ..... , j.1. vithal s/o laxmanrao and ramkrishan s/o laxmanrao, both landlords, filed two separate applications under section 44 of the hyderabad tenancy and agricultural lands act, 1950, and in both these filed bearing no. tnc/ar/105/59 and tnc/ar/51/59, the then naib tahsildar, bhoom was pleased to allow the applications and ..... the land was resumed for personal cultivation just five years before his application. therefore, there is no question of any contravention of section 45 of the hyderabad tenancy act. therefore, the contention raised by shri salunke, will have to be rejected in respect of the half portion of the land also. in the result, the writ .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(3)BomCR526
..... was in possession of these lands as tenant. two separate applications appears to have been made under section 44 of the hyderabad tenancy & agricultural lands act, 1950 for the resumption of these lands for personal cultivation by landlords mentioned above. these applications claiming restoration of possession of these lands along with other lands in ..... the appeal and setting aside the orders of naib-tahsildar.5. section 94 of the hyderabad tenancy & agricultural lands act, 1950 reads thus :'94. when an original, appellate or revisional order under this act involves the payment of money by any person, the money shall be recoverable from such person as if it was ..... counsel appearing for petitioners, firstly submitted that an order passed under section 94 of the hyderabad tenancy and agricultural lands act 1950, will have to be taken as an order passed under the mamlatdar's court act, 1906 as has been specifically provided in that section and, therefore, no appeal against any order passed by .....
Tag this Judgment!Court : Mumbai
Reported in : 1986(3)BomCR120
..... sc) .8. on merits, the learned counsel s/shri singh avi and vyas for the petitioners raised important contentions, such as :---(i) after coming into force of the bombay public trusts act, 1950, the provisions of section 92 of civil procedure code, 1908, are not applicable. there is no scope for seeking amendment in the scheme by taking recourse to chamber ..... civil court in chamber summons, is thus, according to the counsel, without jurisdiction.(ii) except in the circumstances mentioned in section 55 of the bombay public truss act, 1950, the objects of the trust cannot be amended and the scheme of management and administration of the trust alone can be amended and that too within the four ..... justice, we would like to observe that it would be advisable hereafter to seek any amendment of the scheme under the procedure laid down in the bombay public trusts act, 1950, particularly sections 50, 50-a, 51, 56, 56-a, and 58-b. we are happy to note that the trustees have no objection to following such .....
Tag this Judgment!Court : Mumbai
Reported in : 1995(1)BomCR328
..... from the date of the suit till realisation. the plaint averments are mainly these :the plaintiff society is registered as a public trust under the bombay public trusts act, 1950. the buildings and the properties described in detail in schedule i annexed to the plaint are owned by the society. the society conducts 'ahmednagar college' at ahmednagar ..... find out and state any facts bearing thereon. referring to the certificates of registration of the plaintiff society as a public trust under the bombay public trusts act, 1950, produced at exh. 45 and the memorandum and the rules framed for the proper management of the public trust produced at exhibit 40 it has been submitted ..... press, lahore (cited supra). in the present case, the competent authority has granted the certificate of registration of the plaintiff trust under the bombay public trusts act, 1950. the certificate of registration is itself is a best piece of evidence to show that the trust can be deemed to be a charitable trust. it is .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(2)BomCR24; 1991(1)MhLj68
..... land on the strength of this agreement entered with deceased babu ?'and this issue is referred under section 99 a of the hyderabad tenancy and agricultural lands act, 1950 to the tenancy authorities for decision. subsequent to it, the defendant no. 2 approached court with an application praying for calling back of the reference on ..... deemed to be the tenant within the provisions of section 5 of the hyderabad tenancy and agricultural lands act, 1950 (hereinafter called `hyderabad tenancy act' for the sake of brevity).4. relevant portion of section 5 of the act of 1950 reads :'5. a person lawfully cultivating any land belonging to another person shall be deemed to be ..... be decided by the tenancy authorities whether he is a tenant of the suit land ignoring the provisions of section 5 of the hyderabad tenancy and agricultural lands act. on this count, therefore, recalling of the reference was not proper.5. shri challani further submits that admittedly this land is an inam land. therefore, .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(3)BomCR145
..... which he has created the trust or had otherwise authority to create the particular trust, covered by section 79 read with section 80 of the bombay public trusts act, 1950. in that sense the said question has been decided on the basis of fact situation of that matter. in any case, it is not an authority on ..... court it was mandatory for the plaintiffs to obtain prior permission of the competent authority before instituting the suit in view of provisions of section 51 of the act. against this decision, respondent nos. 1 to 11 herein original plaintiffs, preferred appeal before the district court. the district court on analyzing the relevant provisions and ..... the court to frame preliminary issue which reads as under :'whether, the plaintiffs prove that they have obtained permission under section 51 of the bombay public trusts act of assistant charity commissioner to file the suit?'this issue was required to be framed as a preliminary issue, as according to the defendant, the plaintiffs could .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(2)BomCR361; (2008)110BOMLR3609; 2009(2)MhLj734
..... plaintiffs absence and initiated false proceedings before the tribunal at ausa, seeking ownership certificate under section 38-a of the hyderabad tenancy and agricultural lands act, 1950 ('act of 1950'). in this proceeding the plaintiff was not party and was not served with the notice. despite this fact, the tribunal issued certificate under section 38-a ..... naser (plaintiff). after this averments, a prayer is made, 'we, therefore, request you to kindly take action in accordance with section 38-a of the act of 1950 and issue a certificate to kashim - defendant no. 1.' thereafter, documents which were annexed with this joint application have been enlisted. this joint application was registered ..... 1950.*** *** ***dated 24.9.200812. the 'pleading' is crucial. importance of the pleading is reiterated by the supreme court time and again. recent judgment of the supreme court may be referred in the matter state bank of india v. s.n.goyal air 2008 scw 4355. the plaintiff in the case on hand, made a .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(2)ALLMR237; 2005(2)BomCR560
..... these four petitions arising out of order dated 11th march, 2004 passed by joint charity commissioner, nagpur upon application under section 41-d of bombay public trusts act, 1950 which came to be registered as application no. 1 of 1999. by the said order the joint charity commissioner has partly allowed the application. he has ..... him is proved and hence, has ordered their removal from trusteeship as per provisions of section 41-d(1)(c) of bombay public trusts act, 1950 (hereinafter referred to as 'trusts act'). he has further declared that their removal was not disqualification for next election. he has constituted a body of five per-sons as ..... contention that these members should have been declared as disqualified to participate in future elections. it their further contention that the, joint charity commissioner has acted arbitrarily in directing the elections to be held on the basis of 1996 voters list by wrongly observing that change report submitted in pursuance of those elections .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(2)ALLMR632; 2008(3)BomCR169; [2008(117)FLR233]; 2008(3)MhLj202
..... per the learned counsel for the petitioner, the respondent association is also a charitable trust registered under the bombay public trust act, 1950 and it would fall within the ambit of the term 'industry'. as per the learned counsel the labour court was right in holding that the respondent association is an 'industry ..... v. smt.j.g. ajgaonkar (writ petition no. 4513 of 1991, unreported) and submitted that the charity trust registered under the bombay public trust act, 1950 is an 'industry' under section 2(j) of the act, by following the law laid down in the case of bangalore water supply & sewerage board v. rajappa and ors. : (1978)illj349sc . as ..... .5. the association in its affidavit in reply has admitted that it was registered under the provisions of the bombay public trust act, 1950 and it is managed by the trustees consisting of some government officials such as district collector, superintendent of police and others. the association is required .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(3)MhLj834
..... register and if the landholder holds more than two family holding, then the protected tenant is entitled to get him declared under section 38e of the ht and al act, 1950 to the extent of one family holding. the right of ownership has been transferred to such protected tenant on 25-5-1957. but the sale permission is issued after ..... of his claim is not produced. moreover, the respondents have not produced any record to prove that the final declaration under section 38e of the h t a l act, 1950 made in favour of the applicants was set aside, or cancelled by the competent authority so it is evident that the final declaration of survey no. 38/2 and ..... this provisions at this stage. section 38e(1) and explanations thereof reads as under :38e(1) : notwithstanding anything in this chapter or any law for the time being in force or any custom, usage, decree, contract or grant to the contrary, the government may, by notification in the official gazette declare in respect of any area and from such .....
Tag this Judgment!