Court : Mumbai
Reported in : 1980CriLJ601
..... (1) in view of rule 14, chap. xxvi, of the bombay high court appellate side rules, 1960, which has neither been amended, nor deleted even after coming into force of the code, in the absence of special circumstances, the high court could not entertain this application, when an application could have been made before the sessions court, and ..... by shri k,, h. deshpande must prevail.14. what was vehemently submitted by mr. manohar, the learned counsel for the applicant, was that the learned magistrate has acted in flagrant contravention of the provisions of section 126 (2) of the code inasmuch as he recorded the evidence in the matter in the absence of the applicant (husband ..... language of the section such an interpretation is not warranted. in a later decision of the punjab high court reported in joginder singh v. bibi raj mohinder kaur air 1960 punj 249 relied upon by shri k., h. deshpande,' it was observed thus:where in proceedings under section 488 the evidence was recorded in the absence of .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1980Bom55
..... 1944) 1 kb 718 of the report it is observed -- 'where the court has construed a statute or a rule having the force of a statute its decision stands on the same footing as any other decision on a question of law, but where the court ..... and 28:--'now a precedent is not binding if it was rendered in ignorance of a statute or a rule having the force of statute. the rule apparently applies even though the earlier court knew of the statute in question, if it did not ..... now well settled. a precedent is not binding if it was rendered in ignorance of the statute or a rule having the force of a statute. in such circumstances it can be said that the matter was decided per incuriam. in this context a reference ..... act as well as the rules framed by the high court thereunder, it is quite obvious that the proceedings under the said chapter are governed by the civil p. c. in support of this contention mr. gole has relied upon the decisions of the madras high court in (1) mahomed ghouse sahib v. sk. mohiddin air .....
Tag this Judgment!Court : Mumbai
Reported in : 1980MhLJ661
..... executed by the ex-proprietor the deputy collector held that these lands had vested in the government after coming into force of the madhya pradesh abolition of proprietary rights (estate, mahals, alienated lands) act, 1950, and, therefore, they could not be included in the return filed by the landholder because these lands could not ..... that the legislature wanted to vest in the state government revisional jurisdiction for the purposes of determining the legality of the proceedings taken under the ceiling act only in a limited category of cases. the limitation on the revisional jurisdiction is incorporated in the proviso itself. the first limitation is that ..... the petitioner having filed an appeal before the maharashtra revenue tribunal , the commissioner could not exercise his jurisdiction under section 45(2) of the ceiling act notwithstanding that the appeal itself was held to be untenable by the revenue tribunal. mr. karnik appearing on behalf of the petitioner has vehemently contended on .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1982Bom30; ILR1981Bom1222
..... a suit against either the judgment-debtor or a decree-holder for recovery of the purchase money deposited by him in court. under the amended civil procedure code, which is in force at present, the entire provision for in independent suit is done away with and a self-contained machinery is provided whereby, if a judgment-debtor has no saleable ..... statutory right came to an end, and rr.91 to 93 of o.21 of the present code do not permit any such thing to be done. this view is forcefully pounded in a full bench decision of the allahabad high ourt in amarnath v. firm chotelal : air1938all593 , and a bench decision of the bombay high court in santimmappa ..... received by him to the auction-purchase under the provisions or s. 65 of the contract act, while relying upon the said decision attention of the binding authority of the been invited to the binding authority of the court in santimmppa's case (air 1950 bom 131) (supra). the ratio decedent of the bombay authority is in direct conflict with .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1980Bom337; 1980MhLJ269
..... the applicant for dissolution of the marriage, pending at mussoorie, the non-applicant can under the amended section 23a of the act make a counter-claim and seek a relief of restitution of conjugal rights. the points for determination in both the matters, ..... and in the other not with its full rigour.12. what is the effect of section 21-a of the act, which is relied upon by shri ghatpande, is the crux of ..... code shall apply to the proceedings under the act which are neither inconsistent with any provisions of the act, nor contrary to its purpose or scheme, as observed in smt. manjit kaur v. gurdial singh air 1978 p& h 150 it does not and ..... cannot mean that a particular rule of procedure contained in the code may be applied to one case but not to the other, or that in one case it may be applied with full force .....
Tag this Judgment!Court : Mumbai
Reported in : [1979(39)FLR329]; (1980)ILLJ336Bom; 1979MhLJ874
..... . chapter vb contains special provisions relating to lay-off, retrenchment and closure in certain establishments. this is a special chapter, the provisions whereof come into force when a certain contingency arises, namely, lay-off, retrenchment and closure. that this chapter should apply to retrenchment is also an indication that the concept of ..... however, came to the conclusion that the termination of the petitioner's service amounted to retrenchment attracting the provisions of s. 25f of the industrial disputes act, and that the bank not having complied with the mandatory provisions of that section, the order of termination could not be sustained. the tribunal concluded ..... the bank to that letter. 6. being aggrieved by the termination order, the petitioner raised an industrial dispute under s. 2a of the industrial disputes act before the conciliation authority. nothing came of the same, except a failure report. two references were summarily rejected by the tribunal for technical reasons on .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1981Bom343; 1980MhLJ428
..... ' all the pre-existing rights and not acquisitions of the rights by person for the first time by making inter alia the following observations (at p. 239 of air 1970 bom):--'the proper construction of amendment, clearly shows that the legislature intended to include in the word 'transfer' partition as normally understood, namely, the redistribution of ..... not, but nothing herein contained shall affect any law for the time being in force relating to transfer of property to or by companies, associations or bodies of individuals,'it will be thus seen that transfer of property is referable only to an act inter vivos. normally, no transfer of property can take place without the consent ..... , and the words 'acquire by transfer' used in the said ceiling act were being interpreted. still the ratio of that decision to some extent certainly applies to the present case. the court has observed as under (at pp. 80 and 81 of air) :--'in section 9 also the legislature has used the words 'acquire by transfer'. .....
Tag this Judgment!Court : Mumbai
Reported in : 1980CriLJ1040; 1980MhLJ742
..... regard to which it is required to be satisfied. then again the satisfaction must be grounded 'on materials which are of rationally probative value'. machinder v. king air 1950 fc 129. the grounds on which the satisfaction is based must be such as a rational human being can consider connected with the fact in respect of which the ..... the detaining authority even though the declaration made by him under section 12-a of the act ceases to exist after revocation of emergency, the detention order made by him under section 3(1) of the said act still continues to be in force, and he is not obliged either to disclose or to communicate the grounds of detention ..... legislature itself by sub-section (5) of section 12-a of the cofeposa act itself. said sub-section provides for exclusion of period during which such declaration is in force while computing the period prescribed by sub-section (3) of section 3 of the act. thus it is clear that after revocation of such declaration provisions of sub-section .....
Tag this Judgment!Court : Mumbai
Reported in : 1980MhLJ646
..... magistrate. this is another reason for employment of different phraseology, which is different only in letter but not in meaning.25. this consideration and analogy will apply with equal force to the provisions contained in section 410. under section 15, every judicial magistrate subject to the general control of the sessions judge, is sub-ordinate to the chief ..... in the said two vehicles. in due course, the investigation commenced vigorously and the statements of these persons came to be recorded under section 108 of the customs act. it was disclosed during the course of investigation that the trucks were loaded within the limits and outskirts of the city of kolhapur though we are not very much ..... realised a further potential danger and in order to arrest the further travel of the truck, they had to resort, first of all, to opening fire in the air so as to alarm the truck driver and compel him to bring the vehicle to a stand-still. this did not prove to be quite fruitful and, therefore, .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1981Bom47; 1980MhLJ438
..... the first question in the negative and the second in the affirmative. this decision which was given with reference to a corresponding provision in the bombay municipal boroughs act, which was already in force, in our view, squarely governs the construction of section 123 (3). we are bound by the decision of the full bench and having regard to that decision ..... , other than the one to which rule 5 applies, shall by a resolution passed at a general meeting convened, within 30 days from the date of coming into force of these rules for such further period or periods as the state government may in any case allow), decide to levy the tax on lands and on buildings and ..... of the additional amounts under protest and then filed a suit for refund relying on the decision in sholapur municipality v. governor general, 49 bom i.r 752 : air 1948 bom 145 in which the division bench of this court had held that the municipality could not recover tax with retrospective effect.10. we have referred to these facts .....
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