Court : Mumbai
Reported in : 1983(1)BomCR225
..... detaining authority is evidenced by the fact that recitals in the english grounds of detention, a copy of which was furnished to the detenu showed that he was being detained with a view to preventing him from acting in any manner prejudicial to the maintenance of 'public order', and yet the words used in the marathi translation of the grounds of detention supplied to the detenu mentioned that the activities of the detenu were considered ..... the detenu was arrested and the case is reported to be sub-judice (ii) second ground of detention is based on an incident of date 9-2-1982 when the detenu and a large number of his associates are alleged to have assaulted rajaram baburao ghosalkar, maruti jadhav, datta krishna pawar, dharma tikaram gamare, hari ..... link snapped on the date of the detention order, since this ground related to in incident which has taken place on 19-11-1980, nearly 17 months before the making of the detention order on 17-4-1982, and there was a gap of nearly 14 1/2 months between this first incident dated 19-11-1980 relating to ground no. ..... i would not then fit in with the other grounds to constitute 'a series of acts' on the part of the detenu so as to make one continuous chain of prejudicial activity of the type indicated in para 23 of the ..... 78 of 1982 of tilak nagar police station under sections 143, 144, 147, 148, ..... section 3(2) of the national security act ..... 1 with a view to preventing the detenu from acting in any manner prejudicial to the maintenance of public order .....
Tag this Judgment!Court : Mumbai
Reported in : [1984]7ITD57(Mum)
..... on the contrary, there is a statutory liability imposed on the part of the appellant to pay over the excess realisation to the levy sugar equalisation fund under the act, after the decision of the high court, fixing the price that the appellant would be entitled to realise in respect of the sales during this period.13. ..... the learned counsel referred us to section 2(b) defining excess realisation, section 3(3) (a) and 3(3) (b) of the said act and contended that in view of the above provision, which had come into force during the previous year, the assessee had no title in the amount of rs. ..... according to section 2(b) (ii) of this act, excess realisation. ..... section 7 of the act specifically states that the excess realisation shall not be paid to any producer of sugar in the following words :'notwithstanding anything to the contrary contained in any other law for the time being in force or in contract, no amount, ..... section 3(6) expressly declares that the obligation to credit amounts representing excess realisation to the fund shall be in addition to any penalty which may be imposed for the contravention of any penalty which may be imposed for the contravention of any provision of this act. ..... section 3(2) (a) directs that the amounts representing all excess realisation made by the producers, irrespective of whether such excess realisation were made before or after the commencement of this act, shall be credited to the fund. .....
Tag this Judgment!Court : Mumbai
Reported in : (1982)84BOMLR608
..... factory or establishment by engaging such security guard on hire or otherwise, or who supplies such security guards either in groups or as individual, would for the purposes of the act mean agency or agent and would include a sub-agency or a sub-agent of such agency or agent.12. sub-section (3) of section 2 defines employer to mean the principal employer when the security guard is engaged by or through an agency or agent and when he is not so engaged, the ..... first instance, it is not possible to hold the definition of 'establishment' in sub-section (4) of section 2 of the act, will-not cover an establishment 'of a co- ..... . birla cotton, spinning and heaving mills, delhi : [1968]3scr251 the court had an occasion to refer to the principles of delegation of legislative power in the context of the provisions of section 150 of the delhi municipal corporation act, which conferred power on the corporation to levy any of the optional taxes by prescribing the maximum rates of the tax to be levied; fixing class or classes of persons or describing articles and properties to ..... of 1981, 1393 of 1981, 1692 of 1981, 1882 of 1981, 75 of 1982, 89 of 1982 and 195 of 1982 are filed by the agencies and petitions nos. ..... of 1982, 422 of 1982, 1205 of 1981, 1386 of 1981, 1408 of 1981, 1499 of 1981, 1884 of 1981 and 816 of 1982 are ..... of workers have been fixed by a resolution of the board passed on march 31, 1982 and these rates are effective from april 1982 ..... will therefore continue till december 15, 1982 .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1984Bom96; 1984(2)BomCR478; ILR1984Bom1784a
..... provides for a remedy by way of an appeal to the occupant against whom the suit is institutes after july 1 1976 , and assuming that no such remedy of appeal remains available tooth occupant by reason of changes effected by the amendment act of 1963, that by itself would not vitiate the classification if it is otherwise reasonable and we have already held that this between pending proceedings and the new proceedings is valid classification. ..... 41 pending in the small cause court immediately before the date of the commencement of the presidency small cause courts (maharashtra amendment) act, 1693, or made too it on or after such date, shall ( whether possession is taken thereunder or not) bar the institution of a suit in any court, except a suit in which relief is claimed on the basis of title (other than title as the ..... 49 and also the basically unaltered scheme of chap, vii so far as occupant who do not raise a plea of protection of the rent act are concerned and consequently also his right to avail of the remedy of filing an appeal in the event of the adverse decision by the trial court in the substantive suit.21. ..... rent act and some other acts apply section 42 confers a right of appeal against the decision inset a suit of proceeding under s. 41 . ..... 2723 of 1982 as the point involved is the same.3. ..... 2754 of 1982 relates to the proceedings initiated under s. ..... 26 1982. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1984Bom120
..... 20 of the arbitration act for directing the housing board to file the arbitration agreement in court and in pursuance of clause 25 of the agreement to appointee an arbitrator accordingly the court by its order dt. ..... 30 of the arbitration act to set aside the said awards amongst others. .....
Tag this Judgment!Court : Mumbai
Reported in : (1983)85BOMLR423
..... assessee company the burden of proving what is the standard rent when the case of the assessee company is that the standard rent is as per the provisions of section 5(10)(b)(iii) of the bombay rent act (the 'standard rent' in relation to any premises means, where they were first let after september 1, 1940, the rent at which they were first let). ..... the standard rent is fixed by the court and the controller respectively under the bombay rent restriction act, 1939 or the bombay rents, hotel rates and lodging house rates (control) act, 1944, such standard rent; or(b) when the standard rent is not so fixed subject to the provisions of section 11(1)(i) the rent at which the premises were let on the first day of september 1940, or(11) ..... now, it is true that so far as the plain definition of the expression 'standard rent' goes under section 5(10)(b)(iii) of the bombay rent act where the premises are let after the first day of september 1940, the rent at which they were first let is, prima facie, the 'standard rent', provided, ..... the burden that the rateable value fixed by the municipal commissioner was excessive or unreasonable and unfair, it is necessary to bear in mind the provisions of section 154(1) of the said act under which the rateable value is determined and how these provisions are to be understood in the light of the decisions in the corporation of calcutta v. ..... in mind the definition under section 5(10)(iv) and the provisions of section 11 of the bombay rent act and the decision .....
Tag this Judgment!Court : Mumbai
Reported in : (1983)85BOMLR163
..... the house allotment officer issued directions to the landlord to make a definite statement about the year in which mr. ..... now, the tenancy can be determined in variety of modes mentioned in section iii of the transfer of property act. ..... the word 'vacant' has not been defined either under the rent control order or the transfer of property act or the general clauses act. ..... (temporary) control of rent and eviction act (3 of 1947). ..... it is certainly a legislative intervention and trespass over rights and obligation of a landlord and a tenant which are governed by the provisions of the transfer of property act. .....
Tag this Judgment!Court : Mumbai
Reported in : [1983]6ITD24(Mum)
..... electricity board, who has shown willingness to take over the same on terms and conditions mutually agreed to by the board and the said licensee.now, therefore, in exercise of the power conferred by sub-section (2) of section 4 of the indian electricity act, 1910, the government of gujarat hereby revokes the said license with effect from the mid-night of 14/15th february, 1975 on the following terms and conditions :(i) the undertaking when delivered by the licensee ..... the relevant portions of the notification of the government of gujarat are :'and whereas the said licence under his letter dated 9th january, 1975 has approached the government of gujarat under section 4(2) of the indian electricity act, 1910, for revoking the said license.and whereas in the opinion of the government of gujarat public interest permits the revocation of the said license.and whereas the said licensee has agreed to hand over ..... all through reference is made to the taking over of the undertaking of the erstwhile company but the definition of works obtaining in clause 2 of the agreement, dated 21-11-1975, refers only to the assets such as plant, machinery, civil works, sub-stations, transformers, furnitures, fixtures, etc. ..... for the purpose of section 50 one has to lift the definition of written down value from section 43(6) and plant the same there. ..... the definitions of actual cost and written down value obtaining in clauses (1) and (6) of section 43 are for the specific purpose of computing business income. .....
Tag this Judgment!Court : Mumbai
Reported in : 1983(2)BomCR368
..... on the other hand it is contended by shri agarwal the learned counsel appearing for respondent-tenant that the present that the present case is not covered by section 12(3)(b) of the rent act at all, since after the receipt of the notice under section 12(2) of the act, the tenant had paid all the arrears of rent within a period of one month. ..... further, if the landlord chooses to take action against the tenant on the ground that he is in arrears of rent for more than six months and then issues a notice under section 12(2) of the act, then his case is covered by section 12(3)(a) alone and he is entitled to a decree if the tenant neglects to make payment within a period of one month. ..... in any case a decree should have been passed in favour of the plaintiff under section 12(3)(b) of the act is concerned, i find that there is no substance in this contention. ..... -landlord is not entitled to file any suit against the defendant-tenant on the ground that he had neglected to make payment of arrears of rent within the period of one month after the receipt of demand notice under section 12(2) of the act as the cause of action no longer survives. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1984Bom71
..... in fact, the manual of land acquisition for the state of maharashtra states in para 303b, 'as the land acquisition act does not prescribe any formality for withdrawing from acquisition under s. ..... further the owners and the co-operative society have acted upon the withdrawal order and have commenced construction on the land. ..... 5 of the rules framed under the land acquisition act it was compulsory for government to publish a notification of its decision under s. ..... 354a of the bombay municipalcorporation act calling for immediate cessation of construction work. ..... 4 of the land acquisition act the lands were notified for acquisition. ..... however, the statutory order was yet to be passed by the commissioner under the land acquisition act. .....
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