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Property Owners' Association and Ors. Vs. State of Maharashtra and Ors ...

Court : Mumbai

Reported in : 1992(1)BomCR152

..... shall forward the acquisition proposal to land acquisition officer for initiating land acquisition proceedings in accordance with the provisions of sub-sections (3), (4) and (5) of section 93 and section 96 of this act:provided that, where any proceedings for acquisitions of land are so initiated the notice to be published under sub-section (3) of section 95 in respect thereof need not contain any statement regarding provision of any alternative accommodation to occupiers in such land. ..... to read down the provision and secondly even if it is necessary to read down clause (e), it is only for the purpose of achieving the object of the legislature, and therefore perfectly permissible.shri setalwad submitted that sub-section (1) of section 103-b is extremely vague and uncertain because right is conferred upon not less than 70% of the occupiers in the cessed building to move the board and it is not clear as to whether 70% is to be determined ..... under section 2(36) and that definition can certainly be imported while considering the expression 'structural repairs' in section 103 ..... the definition of expression 'occupier' in section 2(25) is inclusive and clause (e) covers person who is liable to pay to the owner ..... the expression 'occupier' is defined under section 2(25) by an inclusive definition as follows :'(25) 'occupier includes--(a) any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in respect of .....

Bhuvaraha Maithreyan, Through the Power of Attorney Holder, Dr. Tara M ...

Court : Mumbai

Reported in : (2003)105BOMLR803

..... decided, there was neither any approved proposal nor proposal submitted for approval of the concerned local authority, yet, by virtue of the amended provisions of section 7(i), (ii) read with section 7-a of the said act, the promoter had a right to carry out additional 'structure/construction by submitting necessary plans for approval of the local authority, and consistent with the ..... considered along with the two other points raised by the applicant, namely, one that the expression 'after obtaining the approval of the local authority' in section 7a of the said act would apply to the cases when such approval was obtained prior to the execution of the agreement with the flat purchasers and not otherwise, and the second ..... period of three years from the date of handing over possession, be referred for decision -(i) in an urban agglomeration as defined in clause (n) of section 2 of the urban land (ceiling and regulation) act, 1976, to such competent authority authorised by the state government under clause (d) of section 2 of that act, and(ii) in any other area, to such deputy chief engineer, or to such other officer of the rank equivalent to that of superintending engineer ..... the respondents from carrying on with the said construction; fifthly, that the expression 'after obtaining the approval of the local authority' under section 7a of the said act would apply to the cases where such approval was obtained prior to the execution of the agreement with the flat purchasers and not otherwise .....

Sarojini W/O Motisao Sarodaya and ors. Vs. State of Maharashtra and or ...

Court : Mumbai

Reported in : 2006(6)BomCR171; 2006(5)MhLj573

..... however, from the above referred findings recorded in the impugned order, it appears that the chairman, nagpur improvement trust has wrongly construed the requirement under clause (a) of sub-section (2) of section 4 of the gunthewari act by holding that plot-holders are required to submit documentary proof of ownership and lawful possession of plots and, therefore, asked the nelco co-operative housing society as well as members of the said society to get their ..... counsel for the petitioners that agreement of sale between nelco co-operative housing society and original land-owners, possession deed, order passed by the ulc authorities sanctioning the scheme under section 20 of the urban land (ceiling and regulation) act, 1976 and order permitting conversion of land to the non-agricultural purpose were the factors evaluated by the nagpur improvement trust and it is only thereafter the claim of the petitioners for ..... the definition of 'gunthewari development' is provided in subsection 1(a) of section 2 of the gunthewari act, which reads thus:gunthewari development' means plots formed by unauthorisedly subdividing privately owned land, with buildings, if any, on such plots including excess vacant land under the urban land (ceiling and regulation) act, 1976, not vested in the state government, but excluding land under encroachment.section 3 of the gunthewari act deals with regularisation of gunthewari developments and relevant portion of section 3 in respect of controversy in issue .....

Mont Blanc Co-operative Housing Society Limited, Being a Cooperative S ...

Court : Mumbai

Reported in : 2007(3)ALLMR32; 2007(2)BomCR533; 2007(4)MhLj595

..... for a writ of certiorari or an order/direction in the like nature to quash and set aside the government order dated 1/8/2001 issued in public interest under section 79a of the maharashtra co-operative societies act, 1960 (for short the act) thereby directing the co-operative housing societies registered under the act not to charge non occupancy charges beyond 10% of the service charges (excluding municipal taxes).2. the factual matrix leading to this petition could be briefly ..... 1/8/2001 is against the interest of the members of the society whose views are paramount and secondly there is no legislative policy either under section 79a of the act or otherwise enabling the state government or the registrar to override the bye-laws of the societies duly approved by the registrar under the said act enabling the general body of the members to fix the non occupancy charges payable by the members who, for some reasons or ..... 1406 of 2005 was decided by this court (single bench) on 10/8/2005 and it has been held that the order issued by the government on 1/8/2001 under section 79a of the act is binding on the society and, therefore, the non-occupancy charges cannot exceed 10% of the maintenance charges or service charges applicable to the concerned flat ..... . it is stated that the impugned order has been issued while exercising statutory powers under section 79a of the act in public interest in as much as the said order serves the interests of the co-operative housing societies as well as the .....

Matru Ashish Co-op. Hsg. Soc. Ltd. and anr. Vs. the State of Maharasht ...

Court : Mumbai

..... ], a division bench of this court, regarding the scope of section 79-a of the act, stated thus: "it can then be seen that section 79-a of the said act deals with the powers of the government to give directions in public ..... of maharashtra and others1 , inter alia, held that the power under section 79-a of the act cannot be exercised so as to be prejudicial to the interest of the ..... in the above petition is as regards the challenge to the order dated 1st august, 2001 issued by the state government in exercise of the powers under section 79-a of the maharashtra co- operative societies act, 1960 (for short "the act"). ..... was informed by the registrar that the amendments as directed were not carried out, he issued a circular on 5/12/1985 threatening to take action under section 14 (2) of the act. ..... sub-section 3 of section 79-a provides for a penal action for failure in complying with any directions or modified directions issued to a society under sub-sections 1 and 2 and failed without any good reasons or justifications to comply with ..... section 79-a of the act clearly states that if the state government, on receipt of a report from the registrar or otherwise, is satisfied that in the public interest or for the purpose of securing proper implementation of co-operative production or for preventing the affairs ..... as per sub-section 2 of section 79-a the state government may modify or cancel any directions issued as above and in modifying or cancelling such directions may impose such conditions as it .....

Regional Director, Employees State Insurance Corporation Vs. Tulsiani ...

Court : Mumbai

Reported in : 2008(2)ALLMR146; 2008(2)BomCR226; [2008(116)FLR656]; (2008)IILLJ239Bom; 2008(1)MhLj178

..... aggrieved by the judgment and order dated 20-1-2006 the appellant corporation has approached this hon'ble court by filing the present first appeal under section 82 of the esi act praying for quashing and setting aside the said judgment and order dated 20-1-2006 passed by the employees' insurance court at mumbai in application ( ..... aggrieved by the judgment and order dated 15-10-2005 the appellant begs to approach this hon'ble court by filing the present first appeal under section 82 of the esi act praying for quashing and setting aside the said judgment and order dated 15-10-2005 passed by the employees' insurance court at mumbai in application ..... a notification, exhibit 'a' issued by the urban development public health department, mantralaya, bombay under section 1(5) of the employees state insurance act, 1948 (esi act) dated 18th september, 1978, wherein the central government with effect from 12-11-1978 has extended all the provisions of the esi act to the establishments, mentioned in column '1' and the area specified in column '2' of the schedule ..... 742/2004 (visvesvaraya industries research and development centre), though they are registered company under section 25 of the companies act, 1956 they are performing the function similar and akin to co-operative housing society such as collecting maintenance, charges from the lessee members to whom the premises have ..... activities are definitely commercial ..... 2019/2006, on 20-10-1982 the insurance inspector of the corporation visited .....

St. Anthony's Co-operative Society Limited Vs. the Secretary (Co-opera ...

Court : Mumbai

Reported in : 2001(1)BomCR730

..... the view which has been taken by the authorities below in coming to the conclusion that by-law 7(a) of the society was not consistent with the provisions of sections 22 and 23 of the act does not suffer from any infirmity.22. ..... finally, before concluding it may be stated that though the registrar in the present case did not issue a direction to amend the by-laws under section 14 of the act, it was clearly open to him in appeal under sub-section 2 of section 23 to consider whether the by-law of the society on the basis of which membership was sought to be refused to the 3rd and 4lh respondents on the ground of their not being roman catholics by faith was consistent with the provisions of the act. ..... learned single judge upheld the decision of the divisional joint registrar to the effect that a by-law of a co-operative society which confines membership to persons who belonged to the kanara saraswat community was contrary to the provisions of sections 22 and 23 of the act and, therefore, required an amendment by the society. ..... in a significant manner, turn upon the interpretation of the provisions of sections 22 and 23 of the act, those provisions are extracted herein below:-'22. ..... the society preferred a revision application under section 154 of the act before the divisional joint registrar of co-operative societies who, by an order dated 31st january, 1996 dismissed the revision. .....

Karvenagar Sahakari Griha Rachana Sanstha Maryadit, Pune and anr. Vs. ...

Court : Mumbai

Reported in : AIR1989Bom392; 1989(3)BomCR106; (1989)91BOMLR518; 1989MhLJ320

..... the division bench held that the powers under section 14 of the act can be used by the registrar only if it is established that the amendment of the by-laws is desirable and is in the interest of such ..... the co-operative laws do not attempt a legal definition characteristic of co-operatives are incorporated in the law ..... power exercised by the registrar is appealable under section 152 of the act and further revisable by the state government. ..... july 23, 1986 threatened to take action under section 14 of the act , which enables the registrar to compel the spcoetu to amend the bye- ..... the tenant-co-partnership housing societies are housing societies which hold both land acquisition act and buildings either on lease-hold or free-hold basis and allot them to their ..... occupiers of the flat then would form a co-operative socitety , with the result that on the land acquisition act of housing society another society would construct building and let it out to the members. ..... 1 - karvenagar sahakari girha rachana sanstha maryadit is a co-operative society registered under the maharashtra co-operative society registered under the maharashtra co-operative societies act , 1960 (hereinafter referred to as ``the act ``) and has been classified as a tenant-ownership type of housing society within r. ..... -sec (1b) of s.13 prevents of the registrar from registering amendment of the policy directives issued by the state government u/s.4.section 14 confers power on the registrar to direct amendment of by laws. .....

Rajendralal Shadilal and Co. Pvt. Ltd. and anr. Vs. the State of Mahar ...

Court : Mumbai

Reported in : AIR1980Bom261

..... dalai then contends that flats held by the builders like the petitioners in housing co-operative society formed in compliance with the ownership flats act in the process of construction and sale continue to be exempted from requisition under the proviso to sub-section (1) of section 5 of the act and question of their ceasing to be so exempted on account of the non-residence cannot arise till the same is sold, and the purchaser, for whose residence it is constructed, fails to ..... thus the definition of a 'member' under section 2 (19) of the co-operative societies act, does not deal in any of its clauses (a) to (d) with the statutory membership of the builder, nor does rule 10 (5) expressly cover the category of society contemplated by the ownership flats act, nor the model bye-laws, take notice of the fact that the housing society formed in terms of the ownership flats act consists of members who purchase the flats before ..... we have already discussed how the flats in a building of a co-operative housing society formed in terms of the ownership flats act, is firstly exempt under the proviso to section 5 (1) of the act and how the exemption under rule 4 is attracted as soon as the same is sold to any purchaser and he becomes ..... any merit the intimation of vacancy itself was given by the petitioners on 28-7-1975 under the wrong impression as to the application of section 6 of the act, though the flat was neither 'let nor intended to be let' in terms thereof, but was intended for sale. .....

Pragyasingh Chandrapalsingh Thakur and Another Vs. State of Maharashtr ...

Court : Mumbai

..... under three of the acts in the schedule to the nia act, namely, the anti hijacking act, 1982, the suppression of unlawful acts against safety of civil aviation act, 1982, the suprression of unlawful acts against maritime navigation and fixed platforms on continental shelf act, 2002, the power is vested in the central government to entrust the ..... / 2008 lodged at azad nagar police station, malegaon on 30.09.2008 for offences punishable under sections 302, 307, 324, 326, 427, 153a, 120b of the indian penal code r/w sections 3, 4, 5, 6 of the indian explosive substance act, 1908 r/w sections 3, 5, 25 of the arms act, 1959 r/w sections 15, 16, 17, 18, 20 and 23 of the unlawful activities (prevention) act, 1967 along with ten other accused in the wake of a bomb blast that took ..... the learned special (mcoca) court, mumbai took the cognizance of the crime and issued process under sections 3(1)(i), 3(1)(ii), 3(2), 3(4), 3(5) of the mcoc act along with various other sections of the indian penal code, arms act and also under sections 15, 16, 17, 18, 20 and 23 of the unlawful activities (prevention) act, 1967 and the matter was numbered as special case no.1/2009 by the special (mcoca) court, ..... are definitions of the term schedule in section 2(1)(f) to mean the schedule to the nia act and the term scheduled offence is defined in section ..... section 2 contains definitions and the term agency is defined in section 2(1)(a) to mean the national investigating agency constituted under .....