Court : Mumbai
Reported in : AIR1975Bom143; (1974)76BOMLR455; 1974MhLJ698
..... clearly disentitled the court from altering its judgment and it provides that save as otherwise provided by the code or by any other law for the time being in force or in the case of a high court by the letters patent or other instrument constituting such high court, no court, when it has signed its judgment, shall ..... . in brajnandan sinha v. jyoti narain, reported in : 1956crilj156 the question was whether a commissioner appointed under the public servants (inquiries) act (37 of 1950) was a court within the meaning of the contempt of courts act, 1952. in that case after referring to the authorities like coke on littleton and stroud, the privy council in the case of sheel ..... the criminal p.c. the ratio of that decision appears in the observations which are to be found on p.704 (of bom lr) = (at p.732 of air) of the report, which run as follows:'after carefully considering the powers conferred and the source of authority of the nominee, we have no doubt that the nominee exercising' .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1974Bom288; (1974)76BOMLR400; 1974MhLJ594
..... a suit for a declaration that a sub-tenancy was created in favour of the plaintiff by the defendant tenant after the coming into force of the bombay rents, hotel and lodging house rates (control) act, 1947, and for an injunction restraining the defendant from interfering with his possession as a sub-tenant; and(2) whether the city civil ..... expression 'suit relating to recovery of possession' would include a suit for an injunction, which may be necessitated because of the act of the landlord in trying to recover possession of the premises from the tenant bv force. it would, therefore, appear that the city civil court in the instant case had no jurisdiction to entertain the suit as ..... nails is a permanent fitting affixed to the building, it is argued by mr. abhyankar with equal force, contrary to the affidavit-in-reply of the defendant, that the suit stall would be premises within the meaning of the act. i must at once make it clear that while deciding the question of jurisdiction i am not at .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1975Bom106; (1974)76BOMLR540
..... class and the total area held by him when converted into a corresponding area of dry crop land under the provisions of the ceiling act admeasured 301 acres and 281/2 gunthas. the ceiling act came into force on january 26, 1962. on july 14, 1962 the respondent no.2 submitted a return as required by the provisions of section 12 ..... it means (a) in relation to the vidarbha region of the state of maharashtra the bombay tenancy nad agricultural lands (vidarbha region and kutch area) act, 1958; (b) in relation to the hyderabad area of the state the hyderabad tenancy and agricultural lands act, 1950 and (c) in relation to the rest of the state the bombay tenancy and agricultural lands ..... act 1948. the word 'tenant' is defined in s. 2 (30) and it means a person who holder land on lease and includes a person who .....
Tag this Judgment!Court : Mumbai
Reported in : (1974)76BOMLR523
..... in the court of small causes, bombay, for the fixation of standard rent under section 11 of the act. in the meantime, s. ha was introduced in the act by the maharashtra act no. xiv of 1963, which act came into force on march 28, 1963. on the contentions taken by the respondent, a preliminary issue was raised by the ..... court regarding the maintainability of the application filed by the petitioner under section 11 of the act for the fixation of standard rent. ..... (1960) 63 bomlr 404 the facts were these. the tenants made applications to the small clauses court for fixation of standard rent under section 11 of the act in respect of their respective premises. the landlord resisted the said applications on the ground that the predecessors of the present tenants had made similar applications before the .....
Tag this Judgment!Court : Mumbai
Reported in : (1974)76BOMLR584
..... to the discretion of the court as to whether it should give the plaintiffs the main relief which they seek in the suit.28. these observations apply with equal force even in respect of the present suit for specific performance and possession and, i am, therefore, unable to agree with the submission of mr. paranjpe that although the ..... kind, is really a question whether a contract of tenancy was made between the appellants and the respondent. that question is not one arising out of the act for the act says nothing as to the creation of a tenancy and is only concerned with the regulation of the relations between a landlord and tenant in a tenancy the ..... jurisdiction to entertain the suit could not cease to have jurisdiction to pass a decree for possession simultaneously while passing the decree for specific performance. section 28 of the act of 1947, as has been repeatedly held in numerous cases and the latest of which is the full bench decision reported in daitatraya krishna v. jairam ganesh : .....
Tag this Judgment!Court : Mumbai
Reported in : (1974)76BOMLR475
..... to this effect was issued by the state government:in exercise of the powers conferred by sub-section (2) of section 8 of the bombay public trusts act, 1950 (bom. xxix of 1950), the government of maharashtra hereby directs that the powers exercisable and duties or functions to be performed by the charity commissioner under sections 50a, 70 and ..... and to make better provision for the administration of public religious and charitable trusts in the state of bombay. section 1(3) lays down that the act shall come into force at once, but the provisions thereof shall apply to a public trust or any class of public trusts on the date specified in the notification under sub ..... , but to apply by public notification to that district any law, or part of a law, which either already was, or from time to time might be, in force, by proper legislative authority, 'in the other territories subject to his government'. the legislature determined that, so far, a certain change should take place; but that it .....
Tag this Judgment!Court : Mumbai
Reported in : [1977]107ITR760(Bom)
..... bear in mind that the present clauses (a) and (b) came to be enacted as separate clauses therein only by the income-tax and business profits tax (amendment) act, 1948, which came into force on the of april 1, 1948. it is necessary to bear this fact in mind in order to view the observations in some of the cases, to which ..... add back, in computing the business income under section 10, the sum of rs. 66,850 (for the assessment year 1947-48) and rs. 24,606 (for the assessment year 1950-51) which was allowed at the time of original assessment, it being common ground that the said sum is not a permissible deduction under section 10 ?' 3. section 34 of ..... to be contended on behalf of the assessee that the said item of interest payable to m/s. vussonjee munjee & co. pvt. ltd., for the assessment years 1947-48 and 1950-51, which had been allowed as a deduction in the original assessments for those years could not be disallowed in the reassessment proceedings, because to do so would be to .....
Tag this Judgment!Court : Mumbai
Reported in : (1974)76BOMLR711; [1975(30)FLR225]; (1975)ILLJ326Bom; 1975MhLJ47
..... section (1) and (3) there is a requirement previous express written permission, whereas sub-section. (2) postulates a post facto approval. 8. the industrial disputes (appellate tribunal) act, 1950, contained provisions which were analogous to the provisions under consideration in the present proceedings, and ss 22 and 23 of the said ..... speaking for the court, that the right given under s. 23 of that act to the workman to move the authority by lodging a complaint is a distinct benefit given to him. ..... act are almost identical with ss. 33a and 33a of the industrial disputes act, 1947. in equitable coal co. ltd. v. algu singh, : air1958sc761 , the supreme court had occasion to consider these two sections of the 1950 act. it was observed by gajendragadkar, j. (as he then was), .....
Tag this Judgment!Court : Mumbai
Reported in : 1975CriLJ1891
..... the constitutional background of the enactment by parliament of the railway protection force act and the r. p. u. p. act. they are both acts enacted by the parliament in exercise of the powers conferred on it under entry no. 2 : 'naval, military and air forces; and other armed forces of the union;' entry no. 22 : 'railways' of ..... to consolidate and amend the law relating to unlawful possession of railway property,49. section 2 (a) of the said act, defines 'force' as meaning the railway protection force constituted under section 3 of the railway protection force act, 1957. section 2 (d) defines 'railway property' including any goods, money or valuable security or animal, belonging to ..... . this led to the r. p. f bill for the better protection and security of railway property being passed into the railway protection force act. 1957 (no. 23 of 1957).45. the act defines 'railway property' as including any goods, money or valuable security, or animal, belong to, or in the charge or possession of .....
Tag this Judgment!Court : Mumbai
Reported in : (1974)76BOMLR494
..... pointed out above, the principle laid down by the full bench of the lahore high court seems to have been approved by the supreme court. in narhari v. shanker : [1950]1scr754 the decision reported in mt. lachhmi v. jilt. bhulli was approved by the supreme court when their lordships observed (p. 420) :.as has been observed by tek chand ..... of action in both the suits is identical, though the earlier was an application and the subsequent may be a regular civil suit. we think that there is considerable force in the point of view placed before us by mr. kamat as supported by the learned single judge of this court, particularly in view of our earlier decision that ..... this chapter (vi) or by any other enactment for the time being in force, every decree and order of the small causes court in a suit shall be final and conclusive. the finality of the decrees or orders as contemplated by the presidency small cause courts act is similar and identical with the finality that is given to the decrees and .....
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