Judgment Search Results Home > Cases Phrase: anti hijacking act 1982 section 2 definitions Court: mumbai Page 2 of about 1,613 results (0.144 seconds)

Janhit Manch and Bhagvanji Raiyani Vs. the State of Maharashtra Throug ...

Court : Mumbai

Reported in : 2007(2)ALLMR110; 2007(1)BomCR329

..... enacted after a full consultative process spread over several years; had been the subject of different committees, discussions, debates and were sanctioned after following the statutory consultative process under the mrtp act, 1966; (e) the validity of the dcr, 1991 had been challenged on various grounds in 1991 and the challenge was repelled by a reasoned judgement by a division bench of this court. ..... the legislative power of framing and/or amending the dcr is delegated to the state government and section 37 of the mrtp act permits the state government to make necessary modifications and/or amendments to the dcr. ..... the judgment has further observed, that the inadequacies of science is the real basis that has led to the precautionary principle of 1982 and that the principle of precaution involves the anticipation of environmental harm and taking measures to avoid it or to choose the least environmentally harmful activity ..... this was a sensible concession introduced into the rules in 1982 but made too small a dent on the low income housing problem because it was confined to mhada projects, impressive, as it is otherwise may be, mhada's contribution to the annual housing output in bombay is not much more than 10 per ..... this was a sensible concession introduced into the rules in 1982, but made too small a dent on the low income housing ..... reported in : [1999]1scr235 where it was observed:a basic shift in the approach to environmental protection occurred initially between 1972 and in 1982. .....

M/S. J. Gala Enterprises Vs. the State of Maharashtra Through the Gove ...

Court : Mumbai

..... buildings belonging to the corporation for reconstruction/redevelopment to be undertaken by co-operative housing societies of existing tenants or by co-operative housing societies of landlords and/or occupiers of a cessed building of 'a' category in island city, which attracts the provisions of mhada act, 1976, and for reconstruction/redevelopment of the buildings of the corporation constructed prior to 1940, the floor space index shall be 2.5 on the gross plot area or the fsi required for rehabilitation of existing tenants plus incentive ..... amendment of the said paragraph 10 (a) from time to time was made under and according to the provisions of section 37 (2) of the maharashtra regional town planning act, with public notice of the draft of the proposed amendment inviting objections and suggestions from the public. ..... (d) for other buildable reservations on lands where guidelines approved by government under section 31 of the maharashtra regional and town planning act are not available, built-up area equal to not more than 15 per cent area of the entire plot or 25 per cent of the area under reservation in the plot, whichever is less, shall be made available ..... (emphasis supplied) 15 the definition of plinth in regulation 2 (71) reads ..... of old building falling under reservation/zones contemplated in the development plan shall be permitted in accordance with the provision of notification no.tbp 4392/4080 a/rdp/ud-11, dated 3rd june, 1992 issued under section 31 of the mr and tp act. .....

Suresh K. Mehta Vs. S.B. Chincholikar and anr.

Court : Mumbai

Reported in : 1997(3)BomCR315

..... the learned single judge of this court in ravindranath's case (supra) has also taken the view that the tenant member of the co-operative society was not a tenant within the meaning of the explanation(a) to section 13-a2 and i am in full agreement with that view, though for different reasons aforestated i may frankly observe that i have my doubt about the correctness of one of the reasons about the dual ownership given in ravindranath's ..... that during the course of arguments the petitioner licencee moved an application proposing to amend the civil revision application by adding a ground that the landlady licensor was not a landlord owner within the meaning of section 13-a2 of the rent control act and the owner of the premises in the sterling co-operative housing society limited, and, the landlady licensor was tenant member of the said society. ..... in the entire revision application, the crux of the grounds raised is that the landlady licensor was not entitled to file or maintain the proceedings under section 13-a2 of the rent control act since by the subsequent written contract of sale, the suit flat was agreed to be sold to him and dispute between the parties did not arise out of the leave and licence agreement but relates to ..... said definition under section 5(3) is restricted and narrowed for the purposes of section 13-a2 and a tenant or subtenant is excluded from the expression landlord defined under section 5(3). ..... 484 : 1982(2) bom.c.r ..... bai narsindas bhavnani and others 1982 m.l.j. .....

M.K. Khan Vs. Competent Authority, Assistant Housing Commissioner (Est ...

Court : Mumbai

Reported in : (1970)72BOMLR630; 1971MhLJ61

..... board premises has not paid rent for more than two months, or has sub-let the premises or has committed any act contrary to the provisions of section 108(o) of the transfer of property act or has made material additions to, or alterations in the premises or has otherwise acted in contravention of any of the terms of his tenancy, the authority may order that the person shall vacate the ..... a now right not existing at common law and specifies a particular mode in which it is to be enforced, that bars by implication the jurisdiction of civil courts.in the view we have taken that section 53a creates new rights, which did not exist apart from it, and provides that those rights can be enforced before a particular tribunal, the jurisdiction of the civil courts must be held to have been ..... worker, that he was found carrying on an agitation against the board and what is more, the appellate order relies upon a report of the director of the anti-corruption and prohibition intelligence bureau dated july 19, 1965 stating that the petitioner used to earn his living by conducting a bidi shop in front of his tenement. ..... the appellate order concludes by saying that the director of anti-corruption and prohibition bureau had given information on july 19, 1965 that the petitioner earned his living by conducting a bidi shop in front of his tenement and ..... the affidavit also refers to the report of the anti-corruption and prohibition intelligence bureau that the petitioner was earning his livelihood by .....

Commissioner of Income Tax Vs. Presidency Co-operative Housing Society ...

Court : Mumbai

Reported in : 1993(2)BomCR583; [1995]216ITR321(Bom); 1993(1)MhLj738

..... in deciding the question the supreme court has observed, 'in assessing the true character of a receipt for the purpose of the it act, inability to ascribe to the transaction which is the source of the receipt, a definite category is of little consequence. ..... in the above case the supreme court cited with approval the definition of 'income' given by the privy council in the case of cit vs. ..... (59 indian appeals 206) to the effect that income in the indian it act connotes a periodical monetary return, coming in with some sort of regularity or expected regularity from definite sources. ..... it is an expression of elastic ambit and the courts, when describing income, have always clarified that any definition is not exhaustive. ..... the definition of income given in the above case of shaw wallace & co. ..... the society took on lease certain lands in juhu-vile parle from the bombay housing board constituted under the bombay act 49 of 1948 for the purpose of building houses for its members. ..... the term 'income' under the it act is very wide and varied in its import. ..... 256(1) of the it act, 1961. ..... the assessee is a co-operative society registered under the bombay co-operative societies act, 1925. .....

Commissioner of Income Tax Vs. Presidency Co-operative Housing Society ...

Court : Mumbai

Reported in : (1993)112CTR(Bom)216

..... in deciding the question the supreme court has observed, 'in assessing the true character of a receipt for the purpose of the it act, inability to ascribe to the transaction which is the source of the receipt, a definite category is of little consequence. ..... in the above case the supreme court cited with approval the definition of income given by the privy council in the case of cit vs. ..... (59 indian appeals 206) to the effect that income in the indian it act connotes a periodical monetary return, coming in with some sort of regularity or expected regularity from definite sources. ..... it is an expression of elastic ambit and the courts, when describing income, have always clarified that any definition is not exhaustive. ..... the definition of income given in the above case of shaw wallace & co. ..... the society took on lease certain lands in juhu-vile parle from the bombay housing board constituted under the bombay act 49 of 1948 for the purpose of building houses for its members. ..... the term 'income' under the it act is very wide and varied in its import. ..... 256(1) of the it act, 1961. ..... the assessee is a co-operative society registered under the bombay co-operative societies act, 1925. .....

Khatri Builders Vs. Mohmed Farid Khan and ors.

Court : Mumbai

Reported in : 1992(1)BomCR305

..... relying upon this clause, it was contended before the learned trial judge that the consent given by the flat owners at the line of entering into agreements was a valid consent for the purpose of section 7 of the ownership flats act and that it was not necessary for the promoter to obtain fresh consent of the fat owners even in a case where the flat owners were put in possession of the flats and as a ..... bombay cases reporter, page 371, such a suit cannot lie in the civil court in as much as the housing, commissioner has got the exclusive jurisdiction to entertain such a suit; (ii) the ouster of jurisdiction contemplated by sub-section (2) of section 7 would operate even during the construction of the building as also after the construction irrespective of the fact as to whether possession has been given to the flat owners or not; (iii) the provision of ouster jurisdiction of ..... had been in force at all material times, and the expression 'or construct any additional structures' in clause (ii) of sub-section (1) of section 7 as it existed before the commencement of the amendment act and the expressions 'constructed and completed in accordance with the plans and specifications aforesaid' and 'any unauthorised change in the construction' in sub-section (2) of section 7 shall, notwithstanding anything contained in this act or in any agreement, or in any judgment, decree or order of any court, be deemed never to apply or to ..... 875 of 1982, decided on february 9,1983, reported in ..... of 1982 with .....

Dilip Anant Joshi and Another Vs. M/S. Vardhaman Homes Through Its Par ...

Court : Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai

..... [29] it is also a grievance of the complainants that the conveyance deed as yet has not been executed in favour of the society and, therefore, there is serious violation as per sections 10 and 11 of the maharashtra ownership flats act, 1963 on the part of the builder/developer and, therefore, the builder/developer is liable to pay compensation @ rs.500/- per day. ..... [21] we have already mentioned above that we had permitted the complainants to file a representative complaint under section-12(1)(c) of the consumer protection act, 1986 but, on 11/7/2011, the complainant no.1 filed a pursis in writing under his signature and informed this commission that the complainants would be proceeding with their individual grievances only and not for any representative ..... according to the complainants, the builder/developer has failed to comply with the statutory provisions amounting to violation of sections 10 and 11 of the maharashtra ownership flats act, 1963 and, therefore, the builder/developer is liable to pay compensation @ rs.500/- per day. ..... [19] initially, on 3/9/2010, permission was sought by the complainants to file this complaint under section-12(1)(c) of the consumer protection act, 1986 since interests of other flat-purchasers were also being affected by the acts and omissions on the part of the builder/developer. ..... so, whole paragraph in the complaint with reference to section-20 of the urban land ceiling act is rendered illogical and redundant. .....

State Bank of India Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2007)106ITD589(Mum.)

..... the facts, we admit the additional grounds raised for the financial years 1995-96 and 1997-98.the learned counsel pointed out that for the above mentioned three financial years, the orders under section 201(1) and 201(1a) have been passed by the assessing officer as under: the orders have been passed by the assessing officer after expiry of the period of four years from the end of the relevant financial ..... year.the learned counsel contended that even-though no time-limit has been prescribed for passing orders under section 201(1) and 201(1a), various benches of the tribunal have held that even though no time-limit is prescribed under the act for passing of an order under section 201(1) and 201(1a), the assessing officer cannot be permitted to pass such order after undue delay and that some reasonable time ..... of the bank authorities in recovering tax on perquisites on account of supply of furniture at a concessional rate: held, that there was no concession in providing amenities by letting out the furniture at a uniformly standard rate so as to bring it within the pursuer of the definition of perquisites. ..... the learned counsel for assessee has contended that before rule 3 can be applied, the benefit or amenity, if any, allowed by the employer to the employee must come under the definition of perquisite. .....

Basantibai Fakirchand Khetan and ors. Vs. State of Maharashtra and anr ...

Court : Mumbai

Reported in : AIR1984Bom366; 1984MhLJ534

..... be added that when this is done the state is bound to make good the loss to those who lose ther property'.the learned judge further observed:'shorn of all its incidents, the simple definition of the power to acquire compulsorily or of the power to acquire compulsorily or of the term 'eminent domain' is the power of the sovereign to take property for public use without the owners ..... plans or projects and for housing accommodation plans or projects for housing accommodation subject to the provision of the town planning act and metropolitan act, some of the duties are to develop commercial centers and new towns planning act, and confers power to sell the land vested in the board, expression 'development' is defined under section 2(13) and means 'carrying out of building , engineering , mining or other operations in or over,, or undder, any ..... 1625 by hugo grotius, who wrote of this power in his work 'de jure belli et pacis' as follows: the property of subjects is under the eminent domain of the state ,, so that the state or he who acts for it may use and even alienate and destroy such property in not only in the case of extreme necessity , in which even private persons have a right over thee property of others but of ends of public utility ..... marytrao shinde, officer on special duty, maharashtra housing and area development authority, ags filed the return sworn on march 5, 1982 and in para 2 if the claimed that the statement and submissions made in the return filed in writ petition no. .....