Court : Mumbai
Reported in : AIR1965Bom92; (1964)66BOMLR807; ILR1965Bom200; 1965MhLJ577
..... this was the situation prevailing when the present act, namely the bombay commissioners of divisions act 1957, was enacted, and the preamble to the act would show that this act was enacted because it was found expedient to provide for the office of commissioners of divisions in the state of bombay, for prescribing their powers and duties and to make provisions for matters consequent on the provision for such offices and for ..... can be disposed of together as one of the questions released in these applications is common and that question relates to the legality and validity of sub-section (4) of section 3 of the bombay commissioners of divisions act, 1957, (bombay act no. ..... state government in exercise of its powers under sub-section (4) of section 3 of the bombay commissioners of divisions act confers powers on the commissioners and enables them to exercise the powers under section 4, 5a, 6 and 17 which were upto the publication of the notification exercisable by the state government alone, and it is in exercise of the powers derived under the aforesaid notification that the commissioner of nagpur division has issued notifications under section 4 and 6 in these three cases which have been ..... next contended by mr.mangalmurti that sub-section (4) of section 3 of the bombay commissioners of divisions act authorised the state government to confer powers on the commissioner to do certain acts which the state government is required to do under the provisions of certain enactments .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2000Bom352; 2000(3)ALLMR453; 2001(1)MhLj914
..... in fact the said act, in relation to section 2-a, by notification issued under the bombay commissioners of divisions act, 1957 has been altered to read, wherever words 'state government' occur, to be replaced by the word 'commissioner' in the entire text of section 2a ..... the question arises whether the commissioner, appointed by the state government under the provisions of the bombay commissioners of divisions act, 1957 can hear these appeals or not 5 ..... its powers or not further the result, on delegation of powers by issuing a notification under the rules of business (rule 15) with reference to article 166 of the constitution of india or by issuing a notification in exercise of powers of the state under the bombay commissioners of divisions act, 1957, to us, cannot be different.7. ..... the said provision of the commissioners of division act, 1957 was resorted to in connection with the land acquisition act, 1894 by the state government and the matter was carried to the supreme court, who dealt with the same in case of arnold rodricks v ..... change made by this notification in sub-section (2) of section 2a of the hyderabad abolition of inams and cash grants act, 1954, with regard to the appeal being heard by the commissioner, is therefore, struck down. ..... in sub-section (2) it would be, 'whether any question is decided by an officer so authorised by the government, any person aggrieved by such decision may file an appeal to the commissioner, within ninety days from the date of such decision.'6. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1966SC1788; 1967MhLJ1(SC); [1966]3SCR885
..... 3(4) of bombay commissioners of divisions act, 1957 (bombay act 8 of 1958) - which for the sake of brevity will be referred to as the commissioners act. ..... in 1958, however, the bombay commissioners of divisions act, no. ..... the preamble of commissioners act reads as follows : 'whereas it is expedient to provide for the offices of commissioners of divisions in the state of bombay, for prescribing their powers and duties and to make provisions for matters consequent on the provision for such offices and for certain other matters.' 8. ..... 8 of 1958, (hereinafter referred to as the 1958 act) was passed by which the office of commissioner of division in the state of bombay was revived. ..... by section 3(1) it is provided that 'for the purpose of constituting offices of commissioners of divisions and conferring powers and imposing duties on commissioners and for certain other purposes, the enactments specified in column 1 of the schedule to this act shall be amended in the manner and to the extent specified in column 2 thereof'. ..... there are four respondents to the petition; the first is the state of maharashtra, the second the commissioner, bombay division, the third the special land acquisition officer and the fourth the maharashtra industrial development corporation, established by notification under the maharashtra industrial development act, 1961. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1965Bom224; (1965)67BOMLR101; ILR1965Bom394; 1965MhLJ290
..... .(16) the other amendment made which is material for our purpose was, as we have in passing indicated by the bombay commissioners of divisions act, 1957, section 3(4), that sub-section - we shall presently advert to its detailed provisions-gave power to the state government to 'confer and impose on commissioner the powers and duties under any other enactment for the time being in force and for that purpose may, by a notification in the official gazette, add to ..... bombay commissioner of divisions act, ..... him by an amendment made in the land acquisition act by a notification issued by the state government under section 3(4) of the bombay commissioner of divisions act viii of 1958 it has been argued before us that the power thus delegated to the commissioner is improperly delegated and that the state legislature which conferred the power by virtue of the bombay commissioners of divisions act, upon the state government to amend by notification the land acquisition act did not make a valid delegation of its legislative ..... requisite assent of the president have directly legislated to amend the land acquisition act to give the necessary powers to the commissioners, it is also not in dispute that the bombay commissioners of divisions act has received the assent of the president and that would mean in the context of section 3(4) that the president has assented to those powers being conferred upon and being entrusted to commissioners in such enactments as are with in the competence of the state .....
Tag this Judgment!Court : Gujarat
Reported in : (1966)7GLR717
..... the principal point involved in the petition raises a question as to the validity of section 3(4) of the bombay commissioners of divisions act, 1957, (hereinafter referred to as the commissioners' act) and two notifications issued by the state government under that section, one dated 5th september 1958 and the other dated 22nd september 1958, but there are also several subsidiary points taken in ..... soon after the commissioners act was brought into force the state government in exercise of its powers under section 3 sub-section (4) issued a notification dated 5th september 1958 which was in the following terms:bombay commissioners of divisions act (bom. ..... amendments to enactments: power of state government to confer powers and impose duties on commissioners under any law: (1) for the purposes of constituting offices of commissioners of divisions and conferring powers and imposing duties on commissioners and for certain other purposes the enactments specified in column 1 of the schedule to this act shall be amended in the manner and to the extent specified in column 2 thereof. ..... . it appears that it was found unnecessary to continue the office of the commissioner and the state legislature, therefore, passed the bombay commissioners (abolition of office) act, 1950, providing for abolition of the office of the commissioner with effect from the date of the commencement of the act, namely, 24th july 1950 .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1976Bom363; 1976MhLJ393
..... it cannot be forgotten that the land acquisition act was amended by the state legislature by act viii of 1958, which is called the bombay commissioners of division act, 1957. ..... in the bombay general clauses act the expression 'commissioner is defined meaning thereby a commissioner of a division appointed under the bombay land revenue code, 1879 as already observed the words bombay land revenue code' will has to be read as the maharashtra land revenue code, 1966 , in new of the provisions of section 9 of the bombay general clauses act. ..... by the same act, the bombay general clauses act was also amended and in section 3(13), the term 'commissioner' was defined as under: ' ' commissioner' shall mean the commissioner of a division appointed under the bombay land revenue code, 1879. ..... as the term 'commissioner ' is not defined in the land acquisition act itself, obviously for understanding the meaning of the said expression, a reference will he to be made to the bombay general clauses act, 1904 as amended. ..... by the same act, the definition was introduced in the bombay general clauses act, defining the term ' commissioner'. .....
Tag this Judgment!Court : Gujarat
Reported in : (1971)12GLR397
..... one of the points to be decided in that case was whether section 3 sub-section (4) of the bombay commissioners of divisions act, 1957 and the two notifications issued by the state government under the section were invalid. ..... the learned judge has then observed that it was clear that with effect from the date when part ii of the act was extended, to amreli, the notification issued by the government of bombay on may 12, 1948 also extended to amreli and consequently the document which was executed on november 7, 1957, was a valid document and effectively assigned the tenancy rights from the first defendant to the second defendant.21. ..... the high court howsoever rejected the contention observing that under section 3(4) of the commissioners act the powers to amend an existing law is delegated by the legislature to the executive and the legislature says in terms clear and explicit that the action of the executive shall have the effect of amending the existing ..... 2 did not acquire any legal status as a tenant under the deed of assignment daced 24th october, 1960 as subletting or assigning of interest of a tenant was prohibited by sub-section (1) of section 15 of the bombay rents, hotel & lodging house rates (control) act, 1947 (hereafter referred to as 'the act) as made applicable to kutch area and the plaintiffs were entitled to get possession on the ground. .....
Tag this Judgment!Court : Mumbai
Reported in : (1959)61BOMLR1406
..... section 8 of the bombay commissioners of divisions act runs thus:-all proceedings including proceedings by way of appeals, revision or review pending under any existing law before the state government or a divisional officer or director of local authorities or any other officer or authority immediately before the commencement of this act shall, where disposal of the proceedings falls within the purview of the powers and duties of the commissioner, be transferred to the commissioner for disposal according to ..... the tribunal, by virtue of section 8 of the bombay commissioners of divisions act (act viii of 1958) an appeal of this kind has to be transferred to the commissioner for disposal. ..... a petition under articles 226 and 227 of the constitution for quashing the order of the bombay revenue tribunal at nagpur, transferring an appeal preferred by the petitioner and pending before it to the commissioner, nagpur, for disposal. ..... in coming to the conclusion that the appeal has to be transferred to the commissioner, the revenue tribunal has relied upon a decision of the full bench of the tribunal in vishweshar ..... had examined the provisions of the madhya pradesh land revenue code and had come to the conclusion that every appeal against the orders of the additional deputy commissioner and collector which could have been entertained or dealt with by the commissioner would lie to the commissioner or, if it had been preferred to the tribunal, would have to be transferred to the commissioner. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1982Bom22
..... as also to the provisions of the bombay commissioners of the divisions act, 1957 under which commissioners can perform the functions of the state ..... act was issued by the commissioner on 1-9-1962 indicating governments proposal to acquire the entire land measuring in all 47,396 sq metres for the public purpose of the construction of the residential quarters for the employees in the income- tax and ..... is this inconsistency and consequential partial invalidity that has driven the authorities acting under the land acquisition act to restrict the acquisition proceedings thereunder only to the area of 5.967 ..... pune reported in 1979 mh lj 786 a division bench of this court had held that proceedings under ..... of 1972 ) by a division bench of this court on ..... the interested persons in the course of hearing under section 5-a of the act were overruled by reference to this public purpose. ..... the land acquisition officer in this behalf acted on his own initiative is not well ..... meanwhile the urban land ( ceiling and regulation ) act, 1976 hereinafter referred to as ' the u.l.c ..... on the notification or orders passed thereunder are bound to have such overrding effect on the notification or orders passed under any other such enactment, provisions of which have to yield to the provisions of this act in terms of the mandate of s. ..... of the constitution , challenge the validity of the award dated 23-11-1979 made by the land acquisition officer under s 11 of the land acquisition act, hereinafter referred to as ' the l.a. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All474; (1958)IILLJ19All
..... regional provident fund commissioner, (s) air 1957 bombay 152 (b), wherein the same view ..... in my opinion any construction other than the one i am giving would be in conflict with the rules of grammar.if the latter part of section 1, sub-section (3) of the act makes it clear as, in my opinion, it does that the central government may apply the provisions of this act to all factories employing such number of persons less than fifty irrespective of the number of persons employed in the department in which that particular industry is being carried on, the first ..... taken in the petition are that the manufacture of tins was not covered by schedule i of the employees' provident funds act, that only 10 persons were employed in the manufacture of tins in 1954 and as such the act could not be applied to the persons engaged in that industry, that the employees provident funds act: did not apply to oil industry on 1st june, 1954, that the opposite party not having realised the demand ..... 168 dated august 2, 1956, by the regional provident fund commissioner, that the provisions of the employees provident funds act, 1952, had been extended to thirteen additional industries including edible oils and fats by means of notification ..... in that case a division bench of the bombay high court came to the conclusion that before the act can be made applicable it must be found that the number of persons engaged in that particular industry should be more than fifty irrespective of the number of persons employed .....
Tag this Judgment!