Court : Mumbai
Reported in : AIR1981Bom190
..... mortgage in respect of the entire property in favour of one mr. vaidya. the mortgage amount was rs. 20,000/-. (b) the rent act came into force on 13-2-1948. on 7-7-1948, a lease-deed was executed by said awate in favour of present defendant no. 1 shankar ..... not specifically prohibited by the lease-deed. as to what would be the effect of the provisions of section 15 of the rent act, which came into force on 13-2-1948, will have to be considered later. (d) on 17-2-1949, defendant no. 1 gore executed a ..... that the same fear which weighed upon bal, j. viz. that a structure cannot stand in the air, weighed upon bhasme, j. the fact is that the structure need not stand in the air at all. it rests very much on the land; but in view of the provisions of section 60 ..... (a) of the easements act it is not at all necessary to assume that the tenant of the .....
Tag this Judgment!Court : Mumbai
Reported in : 1981CriLJ1799
..... been done. the learned sessions judge should have approached the matter with a greater circumspection. the learned sessions judge has observed that in granting bail, the learned magistrate has acted in great haste and it appears to be premature. this observation of the learned sessions judge seems to have been made in all probability because a similar argument was ..... for life, the supreme court proceeded to consider the non-bailable offences in other cases and it was observed at page 135 (of cri lj) : (at p. 185 of air) :-'in other non-bailable cases the court will exercise its judicial discretion in favour of granting bail subject to sub-section (3) of s. 437, cr.p.c., if ..... charge of by the officers of the d.r.i., bombay, the prosecution has further alleged that mangal chand bhandari had travelled with the petitioner kamal kishore chadha by air from bombay to calcutta on 15-3-1980. the premises of messrs. rohit enterprises, a concern of the chand family, was also search on 18-7-1980 and .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1981Bom95; 1981MhLJ587
..... service on finding him unsuitable, or compulsory retirement of public servant in public- interest to eliminate 'dead wood' in accordance with the valid rules in force. the said principles are inapplicable even to the cancellation of examination results on discovery of malpractices and holding fresh examination involving loss of benefits to the successful ..... holding that 'scales of rates' framed by a local authority such as the port trust were not such bye-laws. ratio of sophy kelly's case air 1938 bom 156 on this point, directly dealing with the earlier regulations of this very board and based on weighty precedents, still holds good. the bye-laws ..... entitled to have his papers correctly and properly evaluated, which right can be spelt out from the very power and function of holding examinations entrusted under the act to the board. importance of this right, statutorily conferred, can hardly be underestimated. it is the passing in this examination with distinction, that opens up doors .....
Tag this Judgment!Court : Mumbai
Reported in : 1981CriLJ1096
..... of the code of criminal procedure, 1973). the decision was referred to by the saurashtra high court in the case of gadhia bhanuchandra vallabhadas v. state, air 1954 sau 132 : 1954 cri lj 1559in that case, before the saurashtra high court sanction to prosecute the accused in respect of illegal gratification of rs. ..... raising preliminary objections. the two accused challenged the validity of the prosecution on three grounds; firstly, that the accused could not have been prosecuted for whatever acts of commission or omission committed by them in their capacity as director and joint director of the said company; secondly, that the business which the company ..... since congnizance has been taken without production of the sanction, the learned magistrate was right in dismissing the complaints. section 35b of the bombay money-lenders act, 1946, provides :-'no court shall take cognizance of any offence punishable under section 34 for contravening the provisions of section 18 or section 19, except .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1981Bom58
..... committed defaults in the payment of interest to defendants nos. 1 and 2, so that defendants nos. 1 and 2 may exercise their power of sale. there is considerable force in what the plaintiff has sub-milted. according to defendant no. 1 also, both the properties fetch a reasonable income. in his evidence, defendant no. 1 has stated ..... being the result of manifest dereliction of the duty imposed upon the mortgagee by the very terms of the transaction, the provisions of section 90 of the trusts act are attracted to the case and the mortgagor's right to redeem is not extinguished.'the supreme court has summarised the legal position in the following terms:'the legal ..... benami purchase is, undoubtedly, on the plaintiff. this has been so held repeatedly by various courts, thus, in the case of gangadara ayyer v. subramania reported in air 1949 pc 88, the federal court observed that the onus of establishing that a transaction is benami is on the person asserting benami nature of the transaction and it .....
Tag this Judgment!Court : Mumbai
Reported in : (1981)83BOMLR196; 1981CriLJ958; 1981MhLJ304
..... against this, the revisional powers, though to be utilised in a restricted sense, about examining the correctness, illegality or propriety of the order, yet can be well utilised with some force and certainty in respect of such impugned orders, if of course, the finding or order falls in either of the three categories and in which event the aggrieved party can ..... on analogy with the ratio in khudiram das v. state of west bengal, : [1975]2scr832 , where the supreme court while dealing with the order under the maintenance of internal security act, observed as (at p. 453 of cri lj) :'the power of detention is not a quasi-judicial power. but the subjective satisfaction of the detaining authority is not wholly immune .....
Tag this Judgment!Court : Mumbai
Reported in : [1983]139ITR316(Bom); [1981]6TAXMAN202(Bom)
..... contained a power of revocation or not, it was irrevocable. in the alternative. mr. desai submitted that once a charitable trust was registered under the bombay public trusts act, 1950, the trust became irrevocable, even though it might contain a revocation clause. it may be mentioned that all the trusts above referred to were duly registered under the bombay ..... or charitable purposes is all that is necessary for a valid dedication. as stated by the privy council in vidyavaruthi v. balusami ayyar, 48 i. a. 302 ; air 1922 pc 123 , a trust in the sense in which it is understood in english law is unknown in the hindu system. hindu piety found expression in gifts to ..... not, but nothing herein contained shall affect any law for the time being in force relating to transfer of property to or by companies, association or bodies of individuals.'25. thus, a transfer of property in order to come within the purview of the act is to be a transfer from one living person to another living person. now, .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(34)LC406(Bombay)
..... 25. reference to these provisions was made in order to show that the brussels nomenclature, which came into force from 1st of april, 1976, makes a distinction between mica and micanite and, correspondingly, the customs tariff act, 1975 also makes similar distinction as available from the reading of chapter 25 and chapter 26. sixthly, ..... in column (2) of the table annexed are exempt from so much of the duty of customs leviable thereon under the second schedule to the customs tariff act, 1975, as is in excess of the rate of duty specified in the corresponding entry in column (3) of the said table. table_________________________________________________________________________________sl.no. ..... understand the meaning of item no. 8, i.e., of mica, including fabricated mica, the said notification is to be taken into account. the said act, creating a fund for the welfare of the mica mine workers, the said second schedule and the said exemption notification should be read together and together they .....
Tag this Judgment!Court : Mumbai
Reported in : (1980)82BOMLR544
..... 28, 1980.4. sironcha constituency was reserved for scheduled tribes. by virtue of clause (2) of the constitution (scheduled tribes) order, 1950 (hereinafter referred to as the scheduled tribe order, as amended by act 108 of 1976, the tribes or tribal communities, or parts of, or groups within, tribes or tribal communities, specified in parts i ..... not recognised as scheduled tribe in maharashtra state before the scheduled tribes order was amended by act 108 of 1976 with effect from july 27, 1977. he pointed out that as per the original order dt. 6th september 1950 only the gond tribe was recognised as a scheduled tribe in the erstwhile bombay and madhya ..... disclose that he belongs to a particular tribe, which is mentioned in any of the entries in the schedule, appended to the constitution (scheduled tribes) order, 1950. such a mention is necessary in order to enable the returning officer to ascertain whether the candidate is qualified to contest the election from the reserved constituency. .....
Tag this Judgment!Court : Mumbai
Reported in : (1981)83BOMLR75; 1981MhLJ93
..... exclusively assigned to the central legislature and others to the provincial legislature. in yet another field the two legislatures had concurrent legislative powers. the 1935 act came into force with regard to the provinces in april 1937. the federal structure at the centre, however, never came into existence, and the central government continued ..... to in the constitution as the commencement of the constitution. the constitution repealed both the government of india act, 1935, and the indian independence act, 1947. 46. before referring ..... india. under act. 394 of the constitution the said article 394 and articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392, and 393 came into force at once and the remaining provisions came into force on january 26, 1950. this date, namely, 'the 26th day of january 1950' is referred .....
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