Court : Mumbai
..... also submitted that the suit itself was filed by the plaintiff under section 12(3)(a) and, therefore, when this court in its judgment on 7th november 2009 came to a conclusion that section 12(3)(a) was not applicable, the court should have dismissed the suit. ..... that the appellate court has given its findings stating that the defendant had not complied with the requirements of clause "b" of sub-section 3 of section 12, as concluded by this court the decree for possession must follow. 9. ..... second aspect required to be considered was that when the first deposit was made by the tenant on 18th december, 1982 of a sum of rs.2560/-, what was the amount of rent and permitted increases then due. ..... the appellate court has rightly come to the conclusion that section 12(3)(b) will apply, as a part of the rent demanded is not payable by ..... by keeping this petition pending, a finding will have to called for from the appellate court as regards the compliance by the tenant with clause "b" of sub-section 3 of section 12 of the said act. ..... all these requirements of clause "b" of sub-section 3 of section 12 have been completely glossed over by the learned ..... the suit is of year 1982 and the appeal filed before the district court is of year ..... appellate court has observed that the suit was filed on 29th june, 1982 and the summons was served to the defendant on 10th october, 1982. ..... the appellate court noted that it appears that a sum of rs.2460/-was deposited by the tenant in the trial court on 18th december, 1982. .....
Tag this Judgment!Court : Mumbai
..... after taking into consideration the following factual aspects: (a) the delay of one-and-a-half years in filing the writ petition after the impugned notification for acquisition of the land was issued under section 11 of the slum act; (b) the conduct on the part of the petitioners in not getting their names recorded in the property card and in allowing the name of the original owner nenshi monji, grandfather of the petitioners, ..... conduct on the part of the petitioners not only in not getting the names of the trustees/beneficiaries recorded in the property card but also refusal to accept the show cause notices issued under sections 14 and 17 to complete the process of acquisition and thereafter till declaration of compensation, and not pointing out the factum of death of nenshi monji, are facts which need to be taken ..... of the impugned notification dated 22 december 2005 for acquisition of the lands in question, when the deputy collector sent notice dated 22 february 2006 under section 17 of the slum act calling upon the owner to remain present for hearing to determine the compensation, the notice was refused, as indicated in the service report dated 24 february ..... regulation 33(10) is a complete answer to the question raised by the petitioner, as it gives clear definition of slum and slum rehabilitation area as well as deemed slum rehabilitation area; (ii) the said development control regulation is a complete code by itself for slum rehabilitation scheme; (iii) as per ..... definitions of .....
Tag this Judgment!Court : Mumbai
..... 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 ..... in that connection, the high court shall also consider permission dated 16-11-1984 under section 21(1) of the ulc act, application made to the competent authority when initial layout plan was sanctioned, applications for amendments to layout plans made from time ..... or authority obtained by the promoter, at the time of entering into agreement of sale or at the time of handing over possession of the flat, is not consent within the meaning of section 7(1) of the mofa, inasmuch as, such a consent would have effect of nullifying the benevolent purpose of beneficial legislation. 47. ..... developer will fully consume the inherent fsi of a certain amount and then this order is modified/corrected by speaking to minutes order tack on additional or further fsi of a definite amount. ..... in neither of the layouts annexed to 1982 agreement or 1984 agreement the proposed s-5 ..... concerned, in the agreement which have been entered into in 1982, there is a-reference to s-5 building of ground + one .....
Tag this Judgment!Court : Mumbai
..... in that context, the ratio of the bombay high court in the matter of indian oil (supra) as regards applicability of proviso to article 1 of schedule 1 of the said act to section 18 will not apply to a case involving joinder of plaintiffs/parties and joinder of causes of action. ..... it is in this context that the applicants have pleaded in the chamber summons that section 18 of the said act has no application to the facts of the present case. ..... the applicants submit that the taxing master erred in invoking the provisions of section 18 of the said act read with proviso to article 1 of schedule i thereof. ..... hence, as provided under section 18 of the act the court fee has to be levied after evaluating both the subject matters separately. ..... in section 8 and section 11 of the said act, which relates to enquiry as to valuation of suits and costs of inquiry of valuation and refund of excess fees, respectively, the words used are subject matter of any suit . ..... the prothonotary and senior master referred the matter to the taxing master to hold an enquiry under section 8 of the bombay court fees act, 1959 (the said act). ..... to decide this issue, let us reproduce section 18 and article 1 of schedule 1 of the bombay court fees act, 1959. .....
Tag this Judgment!Court : Mumbai
..... definition for the purposes of section 31 of the mrtp act cannot be extended to section 37(1aa) of the act. ..... next contended by the petitioner that the impugned notification which has been issued under section 37(1aa) of the mrtp act providing for reservation for affordable housing for every single plot measuring more than 4000 ..... in any event, as discussed herein after, while dealing with the objections of the petitioners that the impugned notifications are ultra vires the mrtp act, we find that the state has incidental powers while executing a town planning scheme to acquire land for a public purpose and the same is ..... in the above case, this court has held that the development plan under section 22 of the act makes provisions inter alia for permission to be granted for controlling and regulating the use of land under ..... contention of the petitioner that the impugned notification is ultra vires the mrtp act and in particular section 22(m) thereof, as pointed out above, it is submitted that section 22(m) of the mrtp act does not enable going beyond the development plan. ..... in response, the learned advocate general pointed out that the opening words of section 22 of the act clearly indicate that the manner in which the land is to be used and developed, shall be regulated as indicated in ..... state of uttar pradesh 1982 (1) scc 30 has observed that the word 'the law in the context of article 300a must mean act of parliament' or a state legislature or a rule or a statutory order having the .....
Tag this Judgment!Court : Mumbai
..... notices dated 27 december 2013, 5 april 2014 and 5 may 2014 and the order dated 4 april 2014 issued by respondent no.2 maharashtra housing and area development authority (mhada) under section 95a of the maharashtra housing and area development act, 1976 (mhada act) requiring the petitioners to vacate the structures presently in their occupation; (ii) by a subsequent amendment, the petitioners have also challenged the government orders dated 15 october 1996 and 6 february ..... were in order; and (c) whether the developer has provided transit accommodation to the members/occupiers of the building being redeveloped; (2) once the board under section 95a of the mhada act finds that these requirements are fulfilled, all that it has to do is to direct the members/occupiers to shift to the transit accommodation, awaiting the ..... in this view of the matter, we do not find any substance in the argument that the notices and the orders passed under section 95a of the mhada act were liable to be quashed and/or set aside on the ground that they were obtained without disclosing and/or invoking the arbitration clause in the ..... , the court noted that for speedy and seamless implementation of such redevelopment schemes, the legislature has enacted the provisions of section 95a of the mhada act and laid down the following principles: (1) what the board under section 95a of the mhada act is required to examine is (a) whether it was a collective decision of the members to go in for redevelopment (i.e. .....
Tag this Judgment!Court : Mumbai
..... no prejudice cause to the parties if the matter is remitted and the tribunal is permitted to resume for the issues so re-referred and remanded as contemplated even under section 34(4) of the arbitration act, which is reproduced as under: 34 (4) on receipt of an application under subsection (1), the court may, where it is appropriate and it is so requested by a party, adjourn the proceedings for a period of time determined by it in order to give ..... the purpose and object of both these concepts is same and similar, even under the english law, as contemplated under section 68(3) and 69(7) of the (english) arbitration act 1996 , which read thus: 68(3) if there is shown to be serious irregularity affecting the tribunal, the proceedings or the award, the court may (a) remit the award to the tribunal, in whole or in ..... the other remaining partners and the firm would definitely suffer injustice and hardship, as the monetary liability will be upon them and their property, though as per the award ..... in the award and the parties permitted and/or directed to go to an appropriate civil forum/court, after so many years spent by the parties in the arbitration proceedings, would definitely against the scheme and purpose of alternative resolution remedy and specially against the arbitration and conciliation act itself. ..... to attempt an exhaustive enumeration of what would constitute the fundamental policy of indian law nor is it possible to place the expression in the straitjacket of a definition. .....
Tag this Judgment!Court : Mumbai
..... there is no dispute that the petitioners have instituted an appeal under section 217 of the mumbai municipal corporation act, 1888 (said act) against the order dated 13 july 2011 made by the corporation determining the rateble value and demanding taxes ..... such modus operandi is clearly intended to frustrate the provisions of section 217 of said act to stall the recovery of arrears of taxes or at least protract the same without any ..... or otherwise justification of the high rateable value fixed for land under construction as vacant land than the remaining land simpliciter has to be questioned by the aggrieved party in a statutory appeal provided under section 217 of mmc act, 1888 which is in the nature of original proceedings. ..... context of imposition of condition of deposit of disputed tax for entertaining and hearing the appeal under section 217 of the said act, this court in case of dena bank vs. ..... subsection (2a) of the section 217 of the said act provides that whereas the appeal is not filed in accordance with the provisions of clauses (a) to (d) of sub-section (2), it shall be liable to be ..... sub-clause (d) of sub-section (2) which provides for pre-deposit as to entertainment of appeal under section 217 of the said act. 3. ..... of the appeal and therefore in the meanwhile, the petitioners are entitled to agitate issues of interim reliefs with regard to the lifting of attachment, even without making a pre-deposit which is mandated by the provisions of section 217(2) of the said act. .....
Tag this Judgment!Court : Mumbai
..... has taken out this notice of motion seeking condonation of delay of about five years (1825 days) in filing an appeal under section 260a of the income tax act,1961 (for short the act ) against the order dated 31.10.2008 passed by the income tax appellate tribunal (for short tribunal ) for the assessment year ..... in the case at hand the decision was given by the tribunal rejecting the petitioner's application under section 256(1) of the income-tax act on 30.5.95 forming an opinion that the issue being governed by an available decision of jurisdiction high court, no referable question of law ..... the applicant, therefore, decided to prefer this appeal under section 260a of the income tax act,1961 to assail the judgment dated 31.10.2008 passed by the tribunal for ..... , approached the high court by a petition under section 256(2) of the act which was filed with a delay of about 25 ..... gujarat , the challenge before the court was to an order dated 29.1.1970 passed by the commissioner of income tax who had dismissed the petitioner's revision application filed under section 33a and section 264(1) of the act on the ground of limitation. ..... principles of law the courts would follow to consider what would be a sufficient cause under section 5 of the limitation act, permitting condonation of delay. ..... that decision shall have to be taken in the facts of each individual case whether such circumstance constitutes a sufficient cause for condoning the delay within the meaning of section 5 of the limitation act. .....
Tag this Judgment!Court : Mumbai
..... then submits that if the forgery or fraud in the development agreement (daii) became known to the appellants/original plaintiff by means of information obtained under the right to information act, 2005, then, allowing the parties to the said agreement to rely upon it to seek registration of a cooperative housing society, denotes as to how the appellants/plaintiffs and ..... one which enables samarth development corporation to obtain or modify the change of user in respect of the property or part thereof under the provisions of the maharashtra regional and town planning act, 1966 from any authorities there-under to obtain sanction and approvals of statutory authorities so as to undertake the development of the property or any part or portion thereof. ..... the exercise thereof is subject to the court satisfying that (1) there is a serious disputed question to be tried in the suit and that an act, on the facts before the court, there is probability of his being entitled to the relief asked for by the plaintiff/defendant; (2) the court's interference is necessary to protect the party ..... 4882 of 2013 challenging the orders in proceedings under section 21-a of the maharashtra cooperative societies act, 1960 has been rejected, that order of the learned single judge of this court has been challenged in the hon'ble supreme court and the hon'ble supreme court has directed ..... the plaintiffs would definitely get an opportunity to do so at the ..... has hijacked the ..... 1 and to hijack the control and ..... 4 hijacked and .....
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