Court : Mumbai
Reported in : (1976)IILLJ365Bom; 1973MhLJ39
..... serving in the district of kolhapur is concerned. this compilation of police manual is under the provisions of the bombay police act and as such they have a statutory force and they bind the members of the police force. it was not, therefore, open to undertake a departmental proceedings against the plaintiff-respondent unless a decision was so taken ..... the entire state, including greater bombay the inspector general of police would be the head of the department. 12. the bombay police act, 1951, which deals with the organisation of the police force and its obligations and powers, deals with the hierarchy of the officers. in s. 6, sub-s. (1) it is stated that for the ..... and duties and shall have such responsibilities and such authority as may be provided by or under the said. act. there is therefore, no doubt that the inspector general of police is the highest officer in the police force and that office must be created by the state government for the purpose of direction and supervision of the .....
Tag this Judgment!Court : Mumbai
Reported in : (1974)76BOMLR788
..... be knowingly concerned in fraudulent evasion or attempt at evasion of the prohibition. as the prohibition mentioned in may be one imposed under the act or under any other law for the time being in force, there is a further controversy which needs to be resolved. 25. according to mr. khandalwala, the words 'any other law for the ..... offence when he is knowingly concerned in any fraudulent evasion or attempt at evasion of any prohibition for the time being imposed under this act or any other law for the time being in force with respect to 'such goods'. on behalf of the accused no doubt an argument is made that the expression such goods will be ..... knowingly concerned in any fraudulent evasion or attempt at evasion of any duty chargeable thereon or of any prohibition for the time being imposed under this act or any other law for the time being in force with respect to such goods. (b) * * * he shall be punishable ................'. 12. the section makes three actions of a person punishable. (1) .....
Tag this Judgment!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 : AIR1975Bom41; (1974)76BOMLR427; 1974MhLJ812
..... 13 guj lr 508. however, the said expression in rule 5(2) could not have in any event included any such proceedings under chapter vii commenced after the rent act came into force. in a full bench decision of this court in: dattatraya krishna jangam v. jairam ganesh gore, : air1965bom177 (fb) the applicability of provisions of chapter vii as they ..... possession the property fell within rule 5(2) of the rent control rules. no doubt, he observed that: (p.860) (of bom lr) = (at p.364 of air).'a perusal of the said rules (rent control rules) would show that if the suit fell under rule 5(2), the procedure prescribed under the rules framed under section 9 ..... decree could be regarded as an application to the bombay small cause court exercising jurisdiction under the small cause courts act. the learned judge rejected the said contention and observed: (p.861) (of bom lr) = (at p.365 of air).'no doubt the jurisdiction of the special court set up under section 28 is confined to matters specified therein, .....
Tag this Judgment!Court : Mumbai
Reported in : (1972)74BOMLR469
..... dealing with municipal taxes section 77a uses the expression 'preceding official year' in sub-section (2) thereof. section 77a was inserted by the bombay act 19 of 1935 and has been in force now for nearly 36 years. it was intended to empower the municipal corporation to levy taxes at a varying amount or rate and to lay down ..... vires and applied for an injunction. a temporary injunction was obtained pending the suit and a permanent injunction was granted by the decree in the suit on september 21, 1950. the municipality then went in appeal to the district court but, in the meanwhile, the defendant, in that case the khandesh spinning and weaving mills co. ltd. ..... in the current official year on which the circumstances justifying the entry existed.' this clearly shows that the corrected assessment list is to be deemed to have come into force from the first day of the current official year if the building to be taxed was in existence before the beginning of that year. 'official year', according .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1969Bom111; (1968)70BOMLR376; ILR1969Bom766
..... or the city civil court for trying the title thereto.6. extensive amendments were made chapter vii by the presidency small cause courts (maharashtra amendment) act, 1963 (act no.41 of 1963) which came into force on the 28th of november 1963. the first of such amendments was the introduction of a new provision, namely, section 42a. stated briefly, section ..... for the second time. the discussion is summed up by raghubar dayal j., who spoke for the majority, at p. 688 (of bom lr)= (at p. 1167 of air) of the report this:'as a result of the above discussion, we are of opinion that the provisions of section ii. civil procedure code are not exhaustive with respect to an earlier ..... by law'. it was held by the privy council in hook v. administrator general 48 ind app 187= (air 1921 pc 11) that the plea of res judicata still remains apart from the limited provisions of the code.the binding force therefore of a judgment depends really not upon whether section 11 in terms applies or not, but upon the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1972Bom254; (1972)74BOMLR22
..... a quasi - judicial enquiry. the absence of a right to cross - examine is here considered in connection with the enquiry of the advisory boars under the preventive detention act, 1950. the enquiry by an advisory board, is not a quasi - judicial enquiry, but the function of the advisory board is limited to consider the relevant material placed before ..... all other tenants in bombay. that challenge was repelled by the supreme court in that judgment in the ground that the two classes of tenants were not by force of circumstances placed on equal footing and the tenants of government or local authority would not therefore complain of any denial of equality before the law or equal ..... open to us to take this factor into account when considering discrimination by such sub - classification. he stated that it has been held in somwanti's case air 1963 sc 51, that the binding effect of a decision does not depend upon whether a particular argument was considered therein or not, provided that the point with .....
Tag this Judgment!Court : Mumbai
Reported in : (1969)IILLJ300Bom
..... to consider the questions of law raised on this appeal. 6. section 94 of the motor vehicles act lays down that no person can be allowed to use a motor vehicle in a public place, unless there is in force in relation to the use of the vehicle a policy of insurance complying with the requirements of this ..... the following limits, namely : (a) where the vehicle is a goods vehicle, limit of twenty thousand rupees in all, including the liabilities, if any, arising under the workmen's compensation act, 1923, in respect of the death of, or bodily injury to employees (other than the driver), not exceeding six in number, being carried in the vehicle : (b) * * * (c) * ..... the employees of the insured and in respect of whom the insured is under a liability to pay compensation under the workmen's compensation under the workmen's compensation act. the proviso, therefore, lays down that if the risk is to extend to an employee of the insured, then certain conditions laid down therein must be fulfilled. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1967Bom416; (1963)65BOMLR162
..... the following limits, namely:-(a) where the vehicle is a goods vehicle limits of twenty thousand rupees in all, including the liabilities, if any, arising under the workmen's compensation act, 1923, in respect of the death of, or bodily injury to employees (other than the driver), not exceeding six in number, being carried in the vehicle; (b) . . . (c) . . ..... was that by virtue of the terms of the policy the company is entitled to recover the sum awarded from the insured section 96(3) of the motor vehicles act. no application was made by the insurance company for being added as a party.(4) appropriate issues were raised and the commissioner held that sabanna was employed by ..... have to consider the questions of law raised in this appeal.(6) section 94 of the motor vehicles act lays down that no person can be allowed to use a motor vehicle in a public place, unless there is in force in relation to the use of the vehicle a policy of insurance complying with the requirements of this chapter .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1965Bom187; (1965)67BOMLR11; ILR1965Bom280; 1965MhLJ477
..... preside, unless prevented by reasonable cause, at all meetings of the municipality, and (2) subject to the provisions of the rules for the time being in force under clause (a) of section 46 to regulate the conduct of business at such meetings. there is no provision in the statute further elucidating the meaning of ..... education, u.p. allahabad v. ghanshyam das gupta, : air1962sc1110 . the facts in that case were that the examination committee under the u.p. intermediate education act, which was a statutory educational authority, had taken action against an examinee on the ground that he had used unfair means. the question that arose was whether ..... properly. on these findings, the state government made the following operative order:-'in exercise of the powers conferred by section 23(7) of the bombay district municipal act. 1901, government hereby removes dr. a.n. tendulkar, president bhor municipality, from the office of president, bhor municipality for neglect and of incapacity to perform .....
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