Court : Mumbai
Reported in : AIR1979Bom81; (1978)80BOMLR702
..... approval and consent as such of his landlord but because of the protection granted by the statute. it is common knowledge that in areas where rent restriction acts are in force, the continuation of a tenant in possession after termination of contractual tenancy is, generally speaking, referable more to the protection of the rent statute in question ..... bombay. some seven years later, in the year 1882, the governor general of india in council enacted the presidency small causes courts act which came into force on july 1, 1882. the said 1882 act was basically an enactment.'to consolidate and amend the law relating to the courts of small causes established in the presidency towns'. 7. ..... remain a summary remedy with a virtual push-button feature resulting in instant redress. in nasiruddin karim mohamed v. umerji adam and co., 43 bom lr 546 : (air 1941 bom 286), wadia j. has characterized its origin as 'a purely private form of self-help' and woodfall's landlord and tenant describes it as: 'one .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1979Bom106
..... trial is considered necessary, the appellate court shall have the same powers as it has under rule 23'. (the underlining is mine) thus, had the 1976 amendment act been in force on the day when the appeal came to be decided, the order of the learned ii extra assistant judge would have been perfectly valid in law. yet another circumstance ..... provision of rule 23 of order xli of the code. the same view was taken by rangnekar, j., in motibhai jesingbhai patel v. ranchhodbhai shambhubhai patel, 37 bomlr 241: air 1935 bom 222.4. mr. dabir, learned advocate for the respondent, however, sought to support the order of the appellate court under rules. 28 and 29 of order ..... three decisions of this high court the first was the decision of a division bench of this court in annaji ramchandra v. thakurbai dattatraya deshpande, 31 bomlr 208: air 1929 bom 175. in that case the division bench held that where a district court was of opinion that certain findings of fact were necessary for the proper disposal .....
Tag this Judgment!Court : Mumbai
Reported in : (1978)80BOMLR735; (1980)ILLJ65Bom; 1979MhLJ571
..... concern as an undertaking the state government has to be moved under the proviso to sub-s. (15) of s. 3 it must follow that there is no force in the preliminary objection to the maintainability of the application. therefore, the application of the applicant-union, viz., the respondent no. 1 could not be said to ..... in the company only in the year 1974 and that also in the thana factory alone. 4. on the coming into force of the act, respondent no. 1 applicant-union made an application under s. 11 of the act for recognition. that application was resisted by the company and the other union, viz., the petitioner-union. a preliminary ..... march 31, 1976, passed by the president, industrial court, maharashtra, bombay, under the provisions of the maharashtra recognition of trade union and prevention of unfair labour practices act, 1971 (the act for short). 2. the facts giving rise to this petition are briefly these : 3. pfizer ltd., bombay, respondent no. 2, is a public limited company incorporated .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1979Bom1; (1978)80BOMLR539; 1979MhLJ112
..... view appears to have been taken that where a done to whom the widow had gifted property gifts back the property to the widow after the coming into force of the hindu succession act, she acquires only a limited interest in the property. with great respect, the interpretation put by the learned judge appears to me to be in conflict with theplain ..... binding on the reversioners; and hence mr. apte's argument based on sub-section (2) of section 14 of the hindu succession act must be rejected.20. mr. dudhat cited a decision in teja singh v. jagat singh, air 1964 punj 403, in which a widow had gifted away property inherited by her from her husband in 1938 and when the alienation ..... full bench of the punjab and haryana high court in jagat singh v. teja singh, . in bai champa v. chandrakanta hiralal dahyabhai sodagar : air1973guj227 , and in chinnakolandai v. thanji gounder, air 1985 mad 497, the same view was taken; and these cases were relied upon by mr. dudhat.22. in v. tulsamma v. v. sesha reddi .....
Tag this Judgment!Court : Mumbai
Reported in : (1979)81BOMLR390
..... tax, order, scheme, licence, permission, rule, by-law, or form made, issued, imposed or granted under the bombay district municipal act, 1901, or the bombay municipal boroughs act, 1925, or any other law in force in any local area constituted to be a city immediately before the appointed day shall, in so far as it is not inconsistent with ..... great length in the affidavit-in-reply filed by the corporation. briefly stated it is to this effect. the chief officer by his report dated october 14, 1950 proposed an amendment to the octroi rules on the lines of rules applicable to poona and ahmedabad municipality. but the standing committee did not approve the same. ..... is hopelessly belated and since no reasonable explanation is given for the inordinate laches, the petitioners should not be allowed to raise that contention. we find considerable force in this contention of mr. kotwal,60. we have already stated that by letter dated july 14, 1960, the petitioners were apprised of the revised rates .....
Tag this Judgment!Court : Mumbai
Reported in : (1979)ILLJ473Bom; 1979MhLJ425
..... invited our attention to regulations nos. 23 and 78 of the industrial court regulations, 1975. regulation 23 provides that notices under ss. 11 and 12 of the act should be given as per the prescribed forms, while regulation 78 requires the parties to whom notices are issued to file written statement at least eight days' before ..... serious or trivial consequences that flow therefrom, and, above all, whether the object of the legislation will be defeated or furthered.' 7. section 11(2) of the act provides that the industrial court shall dispose of application for recognition, 'as far as possible within three months'. the use of the words, 'as far as possible', ..... the legislature has also prescribed a period of eight days' for filing objections. to achieve the object of expeditious decision, if legislature prescribes period to perform certain acts leading to ultimate decision then, argues mr. dharap, it should be held that the provision of rule 6 is mandatory and no discretion is left in the .....
Tag this Judgment!Court : Mumbai
Reported in : (1979)81BOMLR417; 1979MhLJ786
..... of this order on the ground that the said sections must be deemed to have been impliedly repealed by section 72 of the travancore cochin motor vehicles act of 1950, which authorised the state government to regulate installation of vehicles' stops. high court overruled the same, holding that provisions of the enactment were not irreconcilably inconsistent ..... decree or order of a court, tribunal or other authority.there is no doubt that the legislature intends to give overriding effect to the provisions of this act. finding of inconsistency, however, is the condition precedent for ..... the provisions of the u.l.c. act relied on before us.4. section 42 of the u.l.c. act reads as follows:act to override other laws. the provisions of this act shall have effect notwithstanding anything inconsistent therewith in any other law for the time being in force or any custom, usage or agreement or .....
Tag this Judgment!Court : Mumbai
Reported in : (1979)ILLJ291Bom
..... is the bank of baroda (referred to hereafter as 'the bank'). the 2nd respondent is the union of india in whom, after the coming into force of the banking companies (acquisition and transfer of undertakings) act, 1970, all the assets, capital, shares and properties of the bank vests. no relief is claimed against the 2nd respondent. 3. on 30th ..... good ground', much less on 'dependable material', based as it is on the report about which enough has been said already. 22. mr. paranjpe relied on the decisions in air-india v. rebello, : (1972)illj501sc (referred to earlier in another context), where it was held that once there is bona fide loss of confidence, the order is immune ..... corporation of greater bombay v. p. s. malvankar and others, (civil appeal no. 216(l) of 1977), decided by the s.c. on 5th may, 1978, and air-india v. rebello : (1972)illj501sc . in the former case, the employee was informed that her service would stand terminated from a particular dates as her record of service was .....
Tag this Judgment!Court : Mumbai
Reported in : (1980)82BOMLR360
..... of officers retired from the indian navy includes the flag officer commanding-in-chief, western naval command, and in the case of officers retired from the indian air force includes the station commander.explanation 2.-for the purposes of this section, any certificate granted thereunder shall be conclusive evidence of the facts stated therein.from the ..... contended that section 13-a1 which was introduced in the year 1975 has no retrospective operation and, therefore, the persons who retired before coming into force of the said act cannot avail of the protection conferred by the said section. he further contended that so far as the respondent no. 2 is concerned, from the ..... the independence of india came to be known as the armed forces of the union. for this purpose mr. manjrekar has drawn our attention towards the provisions of army act, 1911 which was subsequently repealed in 1950, as well as to the provisions of the general clauses act and has contended that the persons who were members of .....
Tag this Judgment!Court : Mumbai
Reported in : [1980]121ITR920(Bom)
..... clause (b) of clause (16) of s. 2. in mr. jetly's submission these words must be read as if they meant 'allowable to him under the act as if the act had been in force'. according to him, this was the clear intention of the legislature, as otherwise the result would be unjust and inequitable to the department and would lead to ..... plant or other asset, as the case may be'. according to the assessees, since there was no depreciation which could be allowed to them under the act during the years when the act was not in force, the depreciation which he could claim was on the actual cost of the assets. according to the department, written down value must be calculated by notionally ..... for the assessee, has relied upon a decision of the supreme court, namely, cit v. ahmedbhai umarbhai & co. : [1950]18itr472(sc) . that was a case under the e.p.t. act, 1940. under the third proviso to s. 5 of that act, that act was not to apply 'to any business the whole of the profits of which accrue or arise in an .....
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