Court : Mumbai
Reported in : 1997(3)BomCR488
..... survey no. 1 admeasuring 15 acres 31 gunthas, situated at village gour, tq. kallam district osmanabad, under section 38-e of the hyderabad tenancy and agricultural lands act, 1950. in fact, the present writ petition was once heard and decided by this court by its judgment dated 3rd august, 1990. however, because of the review application ..... case, as observed in initial paragraph of this judgment, the matter relates to declaration of ownership rights under section 38-e of the hyderabad tenancy and agricultural lands act, 1950 in respect of field survey no. 1 with an area of 15 acres 31 gunthas, situated at village gour, tq. kallam district osmanabad of which, the ..... 29th november, 1977, the respondent no. 1 -sopan aba mali filed an application under section 38-e of the hyderabad tenancy and agricultural lands act, 1950 (which is hereinafter referred to as 'the act' for the purposes of brevity). this application filed by the respondent-tenant was registered as case no. 1977. tnc. 38e(1) on the .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(4)BomCR72
..... of sale on 3-2-1953 in favour of present petitioner and a certificate of validation purporting to be under section 98-a of the hyderabad tenancy and agricultural lands act, 1950 was granted validating this transaction by the revenue authorities on 16-11-1960.2. the original owner tribal rama ratanji (in writ petition no. 432 of 1986) executed ..... the contract but it cannot be assumed that contract has taken place on the date when it was validated. section 98-a of the hyderabad tenancy and agricultural lands act, 1950 provides that a permanent alienation or transfer of any land in contravention of provisions of section 38-d or of chapter v as it stood before the amendment of ..... such tribal, or for recovering any other amount due from him as an arrear of land revenue, or otherwise under the maharashtra co-operative societies act, 1960 or any other law for the time being in force but does not include a transfer of land falling under the proviso to sub-section (3) of section 36 of the code : and .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2005Bom123
..... 21 of 2002 taken out by youth education and welfare society, nasik (the 'trust' for short) under section 36(1)(b) of the bombay public trusts act, 1950 (the 'trust act' for short) came to be allowed and decision taken by the said trust to develop trust property for through respondent no. 7 (in writ petition no. 6549 ..... the joint charity commissioner. all these circumstances are sufficient to reach to the conclusion that the contentions advanced by the petitioners in this behalf have absolutely no force.65. in this particular case the trust had made the field wide open to the joint charity commissioner by submitting that the joint charity commissioner may ..... affected by bias or actuated by mala fides.(6) quashing decisions may impose heavy administrative burden on the administration and lead to increased and unbudgeted expenditure.54. in air india limited v. cochin international airport limited, : [2000]1scr505 , the apex court observed that the award of a contract, whether it is by a private .....
Tag this Judgment!Court : Mumbai
Reported in : 1997(2)BomCR699
r.g. deshpande, j.1. the present proceedings are initiated on the basis of an application under section 98 of the hyderabad tenancy and agricultural lands act, 1950 (hereinafter referred to as ('the act') for short). the present petitioner - sampat s/o zingu claim to be a tenant over an area of 9 acres 20 gunthas from field survey no ..... . 1 - deceased farooq ali for possession of the field survey nos. 93 and 94, to which reference is already made above and which was decreed on 4.8.1950 as against the respondent no. 1 and in favour of the respondent no. 2 - sukhlal. the said litigation did not stop on that point, but the respondent no ..... question is, could it be said that the present petitioner established his relationship as a landlord and tenant with sukhlal. for invoking the provisions of section 98 of the act, relationship of landlord and tenant between the respondent no. 2 and petitioner was required to be necessarily established. however, in the instant matter, this is totally missing and .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(3)BomCR519
..... the purchasers.2. before the sale-deed in favour of the present petitioners was executed, section 38-a of the hyderabad tenancy & agricultural lands act, 1950 (hereinafter called 'hyderabad tenancy act' for the purpose of brevity) came into operation in the district of beed by way of a notification no. tnc-5756/169065-(b) ..... petition by purchaser - landlords challenging an order of the deputy collector (land reforms), beed, passed under section 98-a of the hyderabad tenancy & agricultural lands act, 1950 directing restoration of possession to the tenants being purchasers. it appears that devidas and vaijnath and their brothers were the original owners of lands survey nos. 10-a ..... , 1957. it is the case of petitioners that a proper permission as was required then under section 47 of the hyderabad tenancy and agricultural lands act was obtained for the execution of the sale-deed and though the respondents had originally objected for the issue of such permission, had subsequently withdrawn that .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(3)MhLj393
..... be evicted by the collector orthat purpose the deputy collector, on an applicationfiled by dispossessed- tenant under section 98 ofthe hyderabad tenancy and agricultural lands act,1950; ( hereinafter referred to as ' the act'). thepetitioners are the heirs of original tenant, whodied during pendency of this proceeding, will bereferred to as ' the tenant' hereinafter.2. it is ..... states that aprotected tenant or as the case may beordinary tenant ( not being a tenantholding land from a landholder who is aserving member of the armed forces) shallat any time after the commencement of theact be entitled to purchase the landlordsinterest in the land held by the former asprotected tenant, or, as the ..... of land revenueand paid to the landholder.' 5. section 38e was added in the act byact no: iii 1954 and section 1 of the saidact states that notwithstanding anything inchapter iv a or in law for the time beingin force or in customs, usages, decree,contract or grant to the contrary, thegovernment may, .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(3)ALLMR198; 2002(5)BomCR284
..... are in possession. according to the applicants by virtue of section 5 of the m.p. abolition of proprietary rights (estate, mahals, alienated lands) act which came into force in 1950 the property on which the temple is constructed vests in them, though there is no settlement in their name by the state government, however, in ..... have also accepted their exclusive possession over the property. the learned judge however, by his order dated 24-10-2001 allowed the application and appointed the receiver acting chief officer of katol municipal council as court receiver for the management, protection, preservation and improvement of the suit temple i.e. 'chandikadevi devasthan' situated at ..... at the behest of the non applicants. applicants' proprietary right as to the temple as claimed by them by force of section 5 of the m.p. abolition of proprietary rights (estate, mahals, alienated lands) act is yet to be adjudicated by the competent court. similarly, defendants claim that the temple is of a public .....
Tag this Judgment!Court : Mumbai
Reported in : (1959)61BOMLR607; [1959]10STC286(Bom)
..... basis. (3) even if the court holds that section 2, clause (m), explanation 1, clause (i), of the hyderabad general sales tax act, 1950, and rule 5, sub-rule (3), of the hyderabad general sales tax rules, 1950, were intra vires the legislative competence of the hyderabad state legislature and the constitution respectively, even so the petitioner's case would be covered ..... the petitioner press would not amount to sales within the meaning of entry no. 54. we have considered this contention of mr. deshpande, but we are unable to see force in it. there is no doubt that the essential character of the work done by the petitioner press is the supply of stationery. it is not doubt true that upon ..... sold by the press to its constituents. 9. mr. deshpande has invited our attention to a decision of the hyderabad high court in jubilee engineering co. v. sales tax officer air(1956) 1956 hyd. 79 : 7 s.t.c. 423. in this case, and be it noted that it was a case of a building contract, it was observed by .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(6)ALLMR229; 2008(6)MhLj348
..... the appeals were admitted on the following substantial question of law.whether a person appointed under the provisions of section 41d(4) of the bombay public trusts act, 1950, could challenge his removal from the body of fit persons, by filing an application under section 41d(5) of the bombay public trusts ..... act, 1950, before the 'court'?3. to answer the aforesaid substantial question of law, it is necessary to note few facts.the ideal education society was registered as a public trust under the provisions of the bombay public trusts act (hereinafter referred to as 'the act' for the purpose of brevity) in the ..... . a preliminary objection is raised to the maintainability of these appeals and also the applications filed by the appellants under the provisions of section 41d(5) of the act before the district judge. it is submitted by the learned counsel for the respondents that only a 'trustee', removed, suspended or dismissed under the provisions of section 41d .....
Tag this Judgment!Court : Mumbai
Reported in : (1995)IIILLJ784Bom
..... rest pauses, etc., had been framed in exercise of the powers conferred under section 45(2)(b) of the air corporation act. hence the said order was legal and valid and cannot be termed as without the force of law.13. mr. nariman submitted that the agreement of 1971, was not a validly subsisting agreement as ..... has been issued in the discharge of the management functions under section 7(1) of the air corporation act, 1953 read with the air india service regulations it cannot be held as contended by mr. damania that the said order is without force of law.36. mr. damania on placing reliance on workmen of delhi cloth general mills ..... clause (b) of the proviso to section 9-a of the industrial disputes act. mr. damania, however, contended that (1) that the regulations which were notified i.e. air india international employees' service regulations are no longer in force; (2) the present service regulations, namely. air india employees service regulations have not been notified; (3) with effect from .....
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