Judgment Search Results Home > Cases Phrase: bombay city civil court act 1948 maharashtra Page 8 of about 48,200 results (0.389 seconds)

Robert Punaji Salvi Vs. the Bombay Diocesan Trust Association Pvt. Ltd ...

Court : Mumbai

Reported in : AIR1996Bom39; 1996(2)BomCR15; (1995)97BOMLR109; 1995(2)MhLj679

..... 6865 of 1994 by the respondents-plaintiffs in the city civil court, bombay, on the 14th nov. ..... happened to be maharashtra bandh, the motion was adjourned to 19th january, ..... 1995 was an interim order and that the civil application stood disposed of in terms of the reliefs being granted as per prayers (a) and (b) of the ..... of 1995 interim relief in terms of prayers (a) and (b) was granted on the same day and the same was made absolute by disposing of the civil application on 23rd march, 1995. ..... of 1995 was moved by the respondents against the appellant which has been admitted in this court on 30th march, 1995. ..... a companyincorporated under the companies act 1956 and is also a trust registered under the bombay public trust act, 1950. ..... thus, the civil application stood disposed of on the 23rd march, 1995 and relief has been granted in favour of the respondents in their pending appeal from order ..... the appeal court refuse t6 entertain the appeal, but granted liberty to the appellant to move the learned single judge for clarification as to whether the order dated 7th ..... , the appeal is against the order granting interim relief in a pending appeal from order, which appeal is admittedly under section 104 read with order xliii, rule 1(r) of the code of civil proce-dure. ..... without any authority and with only three directors present at the said meeting, 5 directors were purported to be removed and 2 were sought to be appointed afresh without complying with the provisions contained in the companies act. .....

Jagu Tukaram Waghamale Vs. Dnyandeo Bala Waghmale, Since Deceased by H ...

Court : Mumbai

Reported in : 2003(2)ALLMR27; 2003(2)BomCR465; 2003(2)MhLj475

..... proceedings for purchase ofthe land under section 32g of the bombay tenancy andagricultural lands act, 1948 (hereinafter referred toas the 'act') were concluded in his favour in the year1965 and a certificate under ..... in this suit, the civil court framed the followingissues for determination by the tenancy court andreferred it for decision under section 85a of the act.the issues are:-'issue (1-a) - whether the plaintiffproves that he was a tenant in the suitproperty, as on 1-4-57 and becomepurchaser of the suit property ..... before any forum,they must be deemed to have assumed finality.therefore, they could not have been reopened, or theireffect nullified in the present proceedings which aroseupon a reference by a civil court for determination ofthe issue whether the petitioner is a tenant.7. mr. ..... the tenancy courts while answering a referenceby a civil court are not seized of the legality orvalidity of the decision under section 32g or thecertificate under section 32m ..... the petition is filed by jagu tukaram waghamaleagainst the orders of the tenancy courts, confirmed bythe maharashtra revenue tribunal that he is not atenant in spite of the fact that 32g proceedingsconcluded much earlier, he has been declared to be atenant and he has paid the purchase price ..... , whiledeciding the validity of an order by which proceedingswere dropped under section 32g, which order had becomefinal, the supreme court observed that such an earlierdecision becomes final and binding on both the parties.in v.s. .....

Dayashankar Chandrashekhar Tiwari and ors. Vs. Municipal Corporation o ...

Court : Mumbai

Reported in : 2003(3)ALLMR1095; 2003(6)BomCR689

..... in the said case, the division bench of this court interpreted section 451 of the bombay provincial municipal corporation act, 1949, which is para materia with the present section 407 of the city of nagpur corporation act, 1948 and concluded that section 451 of the municipal corporations act sets out powers of the state government to suspend or rescind any resolution or order etc. ..... in pursuance of our directions, an affidavit was also filed by the state of maharashtra which was added as a party respondent to explain the stand of the government as regards the arguments relating to the existence of alternative remedy available to the petitioners under sections 64-a, 407 and 411 of the city of nagpur corporation act, 1948. ..... at the same time availability of remedy under section 9 of the civil procedure code by itself will not operate against the petitioners to approach this court in writ proceedings by invoking article 226 of the constitution as the petitioners have the remedy to elect a remedy from amongst the remedies available and choice of one of the remedies is at the discretion of the party concerned. ..... there is no doubt that the election to any of these committees or sub-committees can be challenged by filing a civil suit under section 9 of the civil procedure code as the said remedy is not impliedly or expressly barred under the provisions of the municipal corporation act. ..... commissioner of civil supplies, reported in : [1976]3scr387 and sheela devi v. .....

Rukmani Vs. Appellate Authority Under Maharashtra Medical Practitioner ...

Court : Mumbai

Reported in : AIR1970Bom10; (1969)71BOMLR71; ILR1968Bom1445; 1969MhLJ318

..... the applicant should have been regularly practising on that day 'in the bombay area of the state', we do not find any substance in this argument 'bombay area of the state' in the above provision clearly means the bombay area of the state of maharashtra and that expression, according to section 3(6) of the bombay general clauses act, means 'the area of the state of maharashtra excluding the vidarbha region and the hyderabad area of that state. ..... runs as follows:'the list shall contain -- (a) the name of every person who on the day immediately preceding the appointed clay, continued to be included in the list kept under section 18 of the bombay medical practitioners' act, 1938, as in force in the bombay area of the state and whose name is not entered in the register under sub-section (5) of section 17: (b) the name of every person whose case is not covered by clause (a) but who ..... practised in poona from 1950 to 1954 and in bombay city from 1954 to 1963 when he applied under section ..... act laid down that no person other than a practitioner registered under the act or under the bombay medical act, 1912 shall be entitled to sign or authenticate a birth or death certificate, or to sign or authenticate a medical or fitness certificate or be qualified to give evidence as an expert at any inquest or in any court ..... civil ..... in allopathic medicine at bhavnagar from 1948 to 1958. ..... in october 1948 the petitioner's father was appointed a medical officer at ..... migrated to akbar camps at thana in 1948. .....

Santu Joti Lamdade Vs. Damodar Narayan Jamnis

Court : Mumbai

Reported in : (1986)88BOMLR68; 1986MhLJ150

..... in these two petitions which arise out of the proceedings under the bombay tenancy and agricultural lands act, 1948, hereinafter referred to as 'the act', questions about the validity of section 6 of the maharashtra amendment act x of 1977 which deleted section 43d of the act as also the interpretation of section 6 of the said amending act arise for consideration. ..... xxxix of 1976 incorporating provisions seeking, to amend certain provisions of the bombay tenancy and agricultural lands act, 1948, the bombay tenancy and agricultural lands (vidarbha region) act, 1958, and the maharashtra regional and town planning act, 1966, was introduced in the legislature. ..... xxxix of 1976 states that the bill is to further amend the bombay tenancy and agricultural lands act, 1948, the bombay tenancy and agricultural lands (vidarbha region) act, 1958, and the maharashtra regional and town planning act, 1966. ..... subadh gopal bose : [1954]1scr587 , while reiterating the view that the statement of objects and reasons is not admissible as an aid to the construction of the statute, the supreme court held that the statement of objects and reasons can be used for the limited purpose of ascertaining the conditions prevailing at the time which actuated the sponsor of the bill to introduce the same and the ..... in special civil application no. ..... as far as special civil application no. ..... the facts of special civil application no. ..... special civil application no. ..... special civil application no. ..... civil application no. .....

Kamal K. Sahasrabuddhe Vs. Controller of Accommodation and ors.

Court : Mumbai

Reported in : 2007(6)ALLMR641; 2008(1)BomCR779

..... allottee, in respect of the premises requisitioned or continued under requisition and allotted to him as referred to in sub-clause (b) of clause 1-a of section 5,shall notwithstanding anything contained in this act or in the bombay land requisition act, 1948, or in any other law for the time being in force, or in any contract, or in any judgement, decree or order of any court passed on or before the 11th june, 1996 shall be deemed to have been let by the landlord to the state government or, as the case may be, to such government ..... however, the government issued a notice under section 8-c(2) of the bombay land requisition act, 1948 (for short requisition act), calling upon the petitioner to show cause as to why the requisition should not be discontinued in the light of the decision of supreme court in writ petition no. ..... or the corporation owned or controlled fully or partly by the state government or any cooperative society registered under the maharashtra co-operative societies act, 1960 or any foreign consulates, by whatever name called and on the date of coming into force of the bombay rents, hotel and lodging house rates control, bombay land requisition and bombay government premises (eviction)(amendment) act, 1996, are allowed by the state government to remain in their occupation and possession, means the principal officer ..... reported in : [1994]3scr746 so also the further decision in civil appeal no. .....

Janardan Dagdu Khomane Vs. Eknath Bhiku Yadav .

Court : Supreme Court of India

..... this appeal is against a final judgment and order dated 6th february, 2006, whereby a division bench of bombay high court allowed writ petition no.1442 of 1987 filed by the respondent nos.1,2 and 3, and directed the concerned authorities to hold proceedings under section 32(g) of the bombay tenancy and agricultural lands act, 1948 [hereinafter referred to as the 1948 act to fix the purchase price of 6 acres and 19 gunthas of lands at pimpli village in the baramati taluk in pune district, hereinafter referred to as the said ..... . this court found that where the trust was administered outside the state of maharashtra, with bulk of its properties except a few plots of land situate outside maharashtra, such trusts would not be governed by the public trusts act of the state of maharashtra and would not, therefore, fall within the ambit of section 28 of the said act ..... . it is true that courts of law now entertain jurisdiction in many cases of this sort where formerly the remedy was solely in equity; as for example, in an action of assumption for money had and received, where the money cannot conscientiously be withheld by the party; following out the rule of the civil law; quod condition in debiti non datur uitra, quam locupletior factus est, qui accepit ..... 1 reportable in the supreme court of india civil appellate jurisdiction civil appeal no.2607 of2013janardan dagdu khomane and another ... .....

Shri Kashinath Laxman Waghmare, Vs. Shri Ganpat Tukaram Kashmire (Dece ...

Court : Mumbai

Reported in : 2003(2)ALLMR233; 2003(4)BomCR431; 2003(3)MhLj229

..... this court observed that mhalsabai ought to have filed a proceeding under section 70 of the bombay tenancy act instead of approaching the civil court and directed the petitioners herein to get decided their claim regarding tenancy before the appropriate authority.3 ..... having heard the learned counsel for both the sides, it is clear that the order of the maharashtra revenue tribunal in that relies on the document dated 19th july, 1958 and declares it to be effective as a will, when it has already been declared to be ineffective as a gift for the purpose of assignment of tenancy right is clearly ..... the sub-divisional officer also negatived the claim of the respondents to tenancy under section 40 of the bombay tenancy act since according to the sub-divisional officer there was no definite act on the part of the applicants to show that they were willing to continue their tenancy under the provisions of ..... the findings of the maharashtra revenue tribunal are based mainly on the fact that the document dated 19th july, 1958 which was held to be invalid being in contravention of section 27 of the bombay tenancy act, can nonetheless be construed to be a will in favour of mhalsabai and therefore capable of creating a tenancy in her ..... the present proceedings were initiated by the respondents under section 70(b) of the bombay tenancy and agricultural lands act, 1948, hereinafter referred to as 'the bombay tenancy act', for a declaration that they were the tenants of the land in question .....

Keda Kalu Wagh Patil Vs. Devidas Pandharinath Metkar

Court : Mumbai

Reported in : AIR1974Bom35; (1973)75BOMLR92; 1973MhLJ358

..... tenancy authorities have plainly misdirected themselves with regard to the scope of the amendment 32-f of the bombay tenancy and agricultural lands act, 1948, by maharashtra act xlix of 1969, for enabling tenants to exercise the rights conferred on the tenants, as stated ..... ineffective, the tenant ceased to have the status of a tenant and he was liable to be summarily evicted under section 32-p and such a person could not claim the benefit of the proviso added by the maharashtra act 49 of 1969, on the basis of the mere fact that he was in possession of the land on the date on which the amendment came into force. ..... ,s however, the main difficulty in the way of the applicants is terminated by the decisions of the revenue courts much before the amendment maharashtra revenue tribunal was given on march 2, 1967, while the amendment came into force on october 17, 1969. ..... the order was confirmed by the appeal court the order, though challenged by the petitioner in a civil revision application, was not disturbed by the high court, as the petitioner withdrew the application on november 28, ..... his argument, he relied on the well known decision of the supreme court in satyanarayan laxminarayan hedge v. ..... this special civil application under article 227 of the constitution of india is directed against the concurrent findings and orders of the tenancy authorities and order of the tenancy authorities holding that the petitioner had ceased to be a ..... above remarks, rule in civil application no. ..... civil .....

Rahimatulla Rahiman Sarguru Vs. Bapu Hari Mane and anr.

Court : Supreme Court of India

Reported in : AIR1979SC1326; 1979MhLJ677(SC); (1979)4SCC391; 1979(11)LC304(SC)

..... 76 of the bombay tenancy and agricultural lands act, 1948, are practically identical with the second appellate powers of the high court under section 100 civil procedure code before it was amended ..... section 76 of the bombay tenancy and agricultural lands act,1948, provides for a revision to the maharashtra revenue tribunal against an order of the collector on the following grounds:(a) that the order of the collector was contrary to law; (b) that the collector failed to determine some material issue of law; or(c) that there was a substantial defect in following the procedure provided by this act, which has resulted in the miscarriage of justice.the powers of revision entrusted to the maharashtra revenue tribunal under section ..... the tenant preferred a revision to the maharashtra revenue tribunal under section 76 of the bombay tenancy and agricultural lands act, 1948 the tribunal set aside the order of the special deputy collector and restored that of the aval karkun. ..... on 21st may, 1965, the tenant filed an application under section 70(b) of the bombay tenancy and agricultural lands act, 1948, for a declaration that he was the tenant of the appellant of the land in question .....