Court : Supreme Court of India
Reported in : AIR2005SC862; 2005(3)BomCR139; JT2005(1)SC370; 2005(2)MhLj392; 2005(1)MPHT497; 2005MPLJ181(SC); (2005)2SCC591; 2005(2)LC812(SC)
..... lalit, learned senior counsel for the state of maharashtra, while supporting the impugned judgment submitted that there is an anomaly created by, or deficiency found in section 3 of the 1986 act inasmuch as section 3 of the said act read with section 9 of 1987 act fails to make any provision for appeal against a decree or order passed after the commencement of the act in any suit or other proceedings pending in the high court since before the commencement of the act. ..... . after having sufficient experience of the working of the various courts in the state and having regard to the increase in the value of property, and in the trading and commercial activities, in all urban areas, government considers that the administration of justice in greater bombay as well as in the mofussil should now follow a uniform pattern ..... . this apart, if a statute does not provide an appeal in respect of certain matter, the party still will have remedy in approaching the high court or this court, as the case may be, in exercise of power of judicial review including under article 136 of the constitution ..... under clause 15, except in certain cases specified in the said clause, appeals lie from judgment of a single judge to a division bench of the high court. ..... he also drew our attention to certain passages in the case of narothamdas jethabhai relating to word 'constitution' of a court. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2009Bom42; 2008(6)ALLMR856; 2008(4)ARBLR398(Bom); 2008(6)BomCR551; 2008BusLR40(Bom); 2008(6)MhLj867:2009(2)AIRKarR55(F.B).
..... , it is clear from what has been observed above that for answering the question framed above, first we have to consider whether article 3 of schedule i of the bombay court fees act applies to an application filed under section 34 and an appeal filed under section 37 of the 1996 act, and if we find that article 3 of schedule i of the bombay court fees act does not apply then we will have to make an enquiry to find out which is the provisions which will be applicable ?4. ..... submitted that where a provision of an act omitted by an act and the said act is simultaneously re-enacts a new provision which specially covers the filed occupied by the repealed provision with certain modification, in that event such re-enactment is regarded as having force continuously and the modification or changes are considered as amendment coming into force with effect from the date of enforcement of re-enacted provision. ..... it to the discretion of the parties to the proceedings to decide about the procedure to be followed - other in terms of the new act or the old act - is certainly in consonance with the scheme of the act, whereunder most of the provisions of the new act, the procedure regarding various stages of the arbitration proceedings is made subject to the agreement to the contrary between the parties, thereby giving ample freedom to the parties to decide about the procedure to be followed in such ..... division bench by its judgment in the case of 'maharashtra industries development corporation v. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(2)BomCR37; 2009(111)BomLR693
..... and certain other lands- (1) save as otherwise provided in sub-section (2), nothing in the foregoing provisions of this act shall apply,-(a) to lands belonging to or held on lease from, the government;(b) to any area which the state government may, from time to time, by notification in the official gazette, specify as being reserved for non-agricultural or industrial development;(c) to an estate or land taken under the management of the court of wards or of a government officer appointed in his official capacity as a guardian under the guardians and wards act ..... , 1890; (d) to an estate or land taken under management by the state government under chapter iv or section 65 except as provided in the said chapter iv or section 65, as the case may be, and in sections 66, 80a, 82, 83, 84, 85, 86 and 87.10. ..... and other properties of the minor - plaintiff pandurang were taken over under management of the court of wards ..... release of the suit lands in 1964 from custody of the collector, the tenancies were created by ..... show that for a period of continuous five (5) years, the tenancy rights were in existence before the commencement of the bt&al; act so as to confer status of 'protected tenant' on .....
Tag this Judgment!Court : Mumbai
Reported in : [1967(14)FLR27]
..... (1) notwithstanding anything contained in the indian limitation act, 1908, but subject to the specific provisions made in this act, the period of limitation in the case of a dispute referred to the registrar under the last preceding section shall - (a) * * * (b) when the disputes between a society or its committee, and any past committee, any past or present officer, or past or present agent, or past or present servant or the nominee, heir or legal representative of a deceased officer, deceased agent or a deceased servant of ..... the murshidabad estate administration act was passed by the legislature in order to assist one particular individual, namely, the nawab bahadur of murshidabad, for certain reasons which do not appear clear upon the judgment, and the very purpose of that act was to protect the murshidabad estate which perhaps was in a very ..... there, the legislature in 1960 completely altered the provisions in this respect when it repealed the bombay co-operative societies act, 1925, and re-enacted many of its provisions in the maharashtra co-operative societies act, 1960 (24 of 1961). ..... entire difficulty could be avoided if the registrar under the co-operative societies act were directed to refer disputes which could clearly fall under the central provinces and berar industrial disputes settlement act to a nominee who was of the status of a labour commissioner or the labour court and thereby removing the major difficulties pointed out above in the implementation of the .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(1)ALLMR103; 2004(6)BomCR166; 2004(4)MhLj92
..... suits or proceedings for possession or for recovery of rent and charges are to be governed by the provisions of the court acts, namely; bombay rents, hotel and lodging house rates control act, 1947 ('rent act'); the bombay municipal corporation act ('bmc act'); maharashtra housing and area development act, 1976 ('mhad act') and the bombay government premises (eviction) act, 1955, then only provision of sub-section (2) of section 41 of the act will be attracted ..... to him, section 41(2) specifically provides that anything contained in sub-section (1) shall not apply to the suits or proceedings for recovery of possession of immovable property or of licence fees or charges or rent thereof to which the provisions of bombay rent and hotels and lodging houses act, 1947 ('bombay rent act' for short); bombay government premises eviction act, 1955; bombay municipal corporation act ('bmc act' for short) and bombay housing board act or any other law for the time ..... in the language used in sub-sections (1) and (2) of section 41, he submits that in the case of mansukhlal dhanraj jain (supra) the supreme court was required to interpret wordings of section 41(1) and section 41(2) and, after noticing difference between the two sub-sections, supreme court ruled that section 41(1) covers even suits for injunction simplicitor as the language used in sub-section (1) is 'relating to the ..... in interpretation of the words of section, the headings certainly help the court to resolve that doubt (see bhinka .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(6)BomCR186; [2006]132CompCas823(Bom); 2006(4)MhLj594; [2006]70SCL319(Bom); [2006]148STC32(Bom)
..... however, we considered section 38c of the bombay sales tax act and section 169 of the maharashtra land revenue code in the light of the submission made by the counsel for the bank that the bank being the secured creditor and the property having been mortgaged with the bank, such property could not be put to sale under section 38c of the bombay sales tax act. ..... section 13 of the securitisation act is a procedural provision for expeditious realisation of security interest by a secured creditor in substitution of normal process of recovery of debts through the court or the tribunal. ..... by virtue of section 13(1), the provisions contained in sections 69 and 69a of the transfer of property act are overridden and any security interest created in favour of any secured creditor is capable of being enforced without the intervention of the court or tribunal in accordance with the provisions of securitisation act while section 35 overrides other laws or instruments in the case of inconsistency. ..... the bombay sales tax act is enacted by the state legislature under entry 54 of list ii in the seventh schedule for levy of tax on the sale or purchase of certain goods in the state of bombay (now state of maharashtra). .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (1996)57ITD328(Mum.)
..... cases falling under sections 11 & 12' covers proper implementation of those two sections on those cases by the authorities in the assessments framed on them.the section 11 of the act prescribes the manner of assessment of a charitable or religious trust and section 12 of the act states that the voluntary contributions shall be deemed to be the income of the trust and their investment would be governed by the provisions of section 13 of the act ..... 22-6-1988 to the charity commissioner of maharashtra state made under section 36(1)(a) of the bombay public trusts act, 1950 referring to a resolution passed on 3-1 -1984 for the construction on gibbs road plot, ..... every activity is to be governed by the intention behind such an activity which in the instant case is governed by the desire to hold on to the property owned by the trust, to fulfil the objectives of the trust of housing the poor and in the course of achieving this purpose flats were sold by means of which the surplus of ..... provisions of the act.the act does not contain any provision by which an order of commissioner could be revised by another commissioner and the decisions cited by both parties are in support of the view that the order passed in pursuance of a direction of a superior authority like the appellate authority, or the high court or as a consequence of settlement arrived at by the commissioner could not be the subject-matter of revision because the assessing officer could not be said to have applied his mind to it and .....
Tag this Judgment!Court : Mumbai
Reported in : (1999)101BOMLR824
..... in paragraph 102, the court referred to the provisions of section 107 of the government of india act, 1915, section 224 of the government of india act, 1935 with the addition of sub-section (2) and the fact that section 224 of the 1935 act was reproduced with certain modification under article 227 of the constitution after deleting sub-section (2) of section 224 of the 1935 act. ..... we may also refer to the statement of object and reasons dated 23rd december, 1985 appended to the said maharashtra act which reads as under :statement of objects and reasonsunder the original side rules of the high court of judicature at bombay, an application for the issue of a direction, order or writ under article 226 of the constitution of india, other than an application for a writ of habeas corpus, is heard and disposed of by a single judge or a specially constituted bench of the high court sitting on the original side. ..... of india act made on or after the first day of february one thousand nine hundred and twenty-nine in the exercise of appellate jurisdiction in respect of a decree or order made in the exercise of appellate jurisdiction by a court subject to the superintendence of the said high court, where the judge who passed the judgment declares that the case is a fit one for appeal; but that the right of appeal from other judgments of judges of the said high court or of such division court shall be to us, our heirs .....
Tag this Judgment!Court : Mumbai
Reported in : 1996(1)BomCR465; (1996)ILLJ1029Bom
..... it is worthwhile reiterating that in anjani kumar's case (supra), this court held that, because of the provision of section 40-a of the bir act, model standing orders made and notified by the state government in respect of any additional matter included in chapter i of the bir act or any alteration made in schedule i on and after the date of commencement of bombay industrial relations (amendment) act, 1977, shall, unless the said model standing orders are held by the commissioner of labour to be less advantageous to the employees than the corresponding certified ..... 60 of 1986 before the industrial court, maharashtra, bombay, under section 84 of the bombay industrial relations act, 1946 (hereinafter referred to as 'the bir act'). ..... it is to be noticed here that the contention raised by the first respondent before the industrial court in appeal was that the petitioner had been engaged as a temporary hand for carrying out the specific job of erection of certain machinery and, the said job having come to an end, the petitioner service had come to an end by the expiry of the work, for which he was engaged. ..... schedule i was amended by addition of item 14 by the amending act maharashtra 47 of 1977 adding the words 'employment or re-employment of probationers or bad lies or temporary or casual workmen, and their conditions of service' in the item. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(6)BomCR277; 2009(111)BomLR4211; 2009(6)MhLj500
..... section 73ff (1) are distinct from the consequences contemplated under section 78(1)(b) of the act and the provisions of section 73ff(2) set out the further consequences of disqualification sustained under section 73ff(1) and they are required to be read in conjunction with the provisions of section 78(1) of the act.thus, there is an apparent conflict in the view expressed by the division bench of this court in the case ..... section 73ff(2) is automatic or whether it is necessary to take action and pass an order of removal under section 78 of the maharashtra cooperative societies act, 1960?in other words, it would be necessary to consider whether the consequences of disqualification under section 73ff(1) are distinct from the consequences contemplated under section 78(1) of the maharashtra cooperative societies act, 1960.for the aforesaid reason, it is necessary for the registry to place the matter before the hon'ble, the chief justice for an appropriate order for ..... and under the provisions of the act can invoke the jurisdiction of the cooperative court, cooperative appellate court and even certain kinds of complaints are expected to be entertained and the registrar, cooperative societies, is required to take action in accordance with the provisions of the act ..... court, amravati, and also filed an application for temporary ..... courts as being the minimum protection of the rights of the individual against the arbitrary procedure that may be adopted by a judicial, quasijudicial and .....
Tag this Judgment!