Court : Mumbai
Reported in : 1976CriLJ751; 1976MhLJ31
..... procedure, reading section 484, it does not deal as to whether appeals or revisions against stitch orders, which are passed by the courts after coming into force of that act, are also to be filed .according to the provisions of the old code of criminal procedure and this position is accepted even by the madhya pradaah high ..... .c. sub-section (2) of section 484 of the new criminal p. c reads as under:(a) if, immediately before the date on which this code comes into force, there is any appeal, application, trial, inquiry or investigation pending, then, such appeal, application, trial, inquiry or investigation shall be disposed of, continued, held, or made ..... the non-applicants 1 and 2 had filed criminal revision application in the court of sessions judge, bhandara, under the provisions of the new criminal procedure code which came into force on 1-4-1974, the order ot the sub-divisional magistrate having been passed on 2nd of may 1974. the learned additional sessions judge, who heard the revision .....
Tag this Judgment!Court : Mumbai
Reported in : [1977]108ITR822(Bom)
..... dry dock could be sold by the firm. clause 14, which we have quoted in extenso above, clearly shows that only in the event of the company being forced to or having to sell the aforesaid dock and its assets, for any reason whatsoever, that the monies realised from such sale shall be disposed of in the manner ..... ltd. mr. joshi, therefore, urged that the this correspondence clearly shows that notwithstanding the desiccation and the decisions that had been taken by the three persons in november, 1950, bretagne and his colleagues were really intending to dispose of the dry dock at a profit and, according to him, that was the sole intention with which bretagne and ..... applied when the question of the type arises for consideration before any court. in g. venkataswami naidu & co.'s case : [1959]35itr594(sc) the appellant-firm, which acted as managing agents, purchased, for a total consideration of rs.8,713, four contiguous plots of land adjacent to the place where the mills of the company managed by .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1976Bom354; 1976MhLJ700
..... , for the purpose of gross annual income at which the building might reasonably be expected to let. it was in that connection the implications of the west bengal premises act, 1950. in the opinion of the supreme court, a combined reading of the provisions of sections 2 (10) (b), 3 and 33 (a) of the west bengal premises rent ..... control (temporary provisions) act, 1950, leaves no room for doubt that a contract for a rent at a rate higher than the standard rent is not only not enforceable but also that the landlord would ..... the appellants' claim should have been considered under section 8(2)(b)(i) of the act. 17. there is also no force in the point that the air-conditioned charges have not been taken into account in fixing the compensation. apart from the fact that the air-conditioning charges are included in the letter dated 6th october, 1965, as mentioned earlier, mr .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1976Bom75; 1975MhLJ743
..... foreclosure or sale or in execution of any final decree for sale passed by a civil court on the basis of a liability incurred before that act came into force. there is no dispute that the original petitioner had not obtained any such stay, nor did he fall in the category of persons referred to ..... titled as an application under section 3 read with section 20 of the maharashtra (vidarbha region) agricultural debtors relief ordinance 1969 which was subsequently turn into the a act referred to above.2. according to the ..... proceeding under the maharashtra (vidarbha region) agricultural debtors relief act, 1969. the original re- ion petitioner raghunathsingh whose have been brought on record had no presented an application to the civil judge, senior division, nagpur for adjudication that the transfer dated 24-6-1950 was a mortgage and for ancillary rejected. the application was .....
Tag this Judgment!Court : Mumbai
Reported in : 1976CriLJ534
..... under article 226 as long as the presidential order suspending the enforcement of the fundamental right under article 21. of which the right to eat is a part, is in force. emboldened by this proposition of mr. chagla, which we cannot help observing is a startling proposition, the learned government pleader interposed and said that even if the conditions ..... singh v. bhagatram. : (1975)illj399sc on this point, but the judgment in the said case itself makes it quite clear fpara, 17) that subordinate legislation has the full force and effect of a statute only if it has been 'validly made', and the said judgment, therefore, cannot be of any use to mr. chagla in support of this preliminary ..... which is ultra vires the act, to the detriment of the detenu, as a person adversely affected there-' by, he is certainly a 'party aggrieved'; who can come to the court by way of a proceeding under articles 226 and 227 of the constitution. in the case of s. sinha v. s. lal and co.. air 1978 sc 2720. dealing .....
Tag this Judgment!Court : Mumbai
Reported in : (1976)78BOMLR500
..... court of statements of witnesses already examined by the complainant or likely to be examined hereinafter in the court, recorded by the officers of the railway protection force in the course of the inquiry relating to the offences which is the subject-matter of the complaint in the present case. we, therefore, order that ..... in govind raghunath v. kakade was welcome in the interest of fair trial of the accused charged with offences under the rpup act and in cases instituted by officers like the railway protection force clothed with powers of the police in the matter of enquiring into the offences.it appears that the moral appeal of mr. ..... recent enactment of several statutes by the government of india authorising complaints being filed by certain officers of various departments, like the customs, the railway police protection force, officers of the foreign exchange department etc. cognizance of offence is permissible by magistrate either on a complaint or a police report. for the purpose of .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1977Bom330; 1976MhLJ537
..... the section requires any period to be mentioned in the notice of termination. theoretically, the landlord terminating the tenancy by notice on the day when the act was brought into force in 1958 could have chosen not to apply till 31-3-1961. even the termination of the tenancy does not become operative till, in addition to ..... deprivation of the tenants of their rights in the land or deflecting of the statutory course. chapter iii-a provides for resumption by the members of the armed forces on more liberal terms. the true implications and - dimensions of these conditions for resumption of the land under section 38, or even of similar conditions under sections ..... at preventing the concentration of land in the same hands and facilitating distribution of such surplus land on lease to the needy under section 84 of the act. the act itself does not provide directly for acquiring land in excess of three family holdings from the holders. however, acquisition of ownership by the tenant under sections .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1976Bom165
..... learned counsel m/s. bhanuka and advani and the government pleader shri gumaste is that the high court was fully aware of the constitution which came into force on 26th january, 1950. it was further aware that its powers of issuing writs have been enlarged, and the constitution has made a specific provision under article 226 for the issuance ..... proceeding is founded on section 491 of the old code or article 226 of the constitution. before them the petitioner was detained under the madras maintenance of public order act (act 23) of 1949. while discussing the nature of the proceedings the learned judges observed on page 268 of the report that the detention of the detenu became necessary ..... , apart from the statute, there is no inherent power to award costs in a criminal case. they further relied upon their own earlier judgment in venkatachalal thevar, air 1949 mad 192 where it was held that since orders passed under s. 491 of the old code are in the nature of criminal proceedings there can be no .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1975Bom324; 1975CriLJ1828; 1975MhLJ822
..... if any. it appears that the decision of the patna high court was referred to and distinguished in k shah mohd, v, crown air 1950 pesh 1. in view of the specific provisions of the act. in our opinion, the principles, of law laid down in patna or madras cases are also not applicable to the facts and circumstances ..... the constitution on l the plea that by the impugned order his fundamental right guaranteed under article 19(1)(d) of the constitution was infringed. but the act was brought into force before the declaration of the emergency by the president. if the power conferred by section 3 (1) (b) authorised the imposition of unreasonable restrictions, the ..... 3 an order approving the detention was also passed by the state government. in the facie case is still heavier and by mere allegations or assertions he cannot force the detaining authority to disclose the material which the detaining authority is not obliged to disclose the material which the detaining authority is not obliged to disclose as .....
Tag this Judgment!Court : Mumbai
Reported in : [1977]106ITR203(Bom)
..... not apply to a disposition made without consideration by way of trust except in the case of a trust falling under section 27 as amended by act 33 of 1958, which amended came into force from 1st july, 1960. q. 6 - on the assumption that section 10 applies to dispositions made by way of trust without consideration, the ..... overruled by the privy council decision. it was observed repelling this submission that the decision of the privy council was entirely inconsistent with the decision in nagappa's case air 1931 mad 251. in the view of the division bench, the privy council held that the trusteeship continued even after the deposit and the privy council, according ..... madras v. t. krishnaji bhat and it will become necessary to consider this decision in some detail inasmuch as a view has been expressed that nagappa's case air 1931 mad 251 had been overruled by the privy council decision. the question for determination in the appeal before the privy council was whether the plaintiff-respondent was .....
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