Court : Mumbai
Reported in : 1992(1)BomCR568
..... has not covered consent decree by the definition of the word `instrument' and whenever they intended to cover such decrees or orders of the civil court they have made express provision; for instance 'instrument of partition' in section 2(m) of the act. ..... said property and the defendants do and each of them both hereby admit and acknowledge receipt of the said agreed purchase price of the said property more particularly described in exhibit `a' to the plaint being the same property as described in the schedule hereto and do hereby acquit, release and discharge the plaintiffs from payment thereof and this court by and with such consent both further record that the defendants do and each of them both for themselves and for their respective heirs, executors and administrators ..... - bombay stamp manual - when tested in court of law and found to be not correct, the said opinion notwithstanding held by the department would not bind the court as well as the state of maharashtra. ..... in the case of a consent decree crating a charge, if the definition of 'mortgage-deed' is wide enough to include such a decree, then there is no object in having a special definition dealing with such decrees--- that no doubt is true, and if the definition of a 'mortgage-deed' included in clear terms a decree creating a charge, i should agree that the fact that such a decree is not included in section 29, would be irrelevant; but in as much as the definition of 'mortgage-deed' is certainly not clear in including .....
Tag this Judgment!Court : Mumbai
Reported in : 1988(3)BomCR1; (1988)90BOMLR292
..... provisions of the amending act, but at this stage it should be noted that sub-section (3), as it stood, was repealed and the following was substituted by section 11 of the amending act :-'(3) no decree for eviction shall be passed by the court in any suit for recovery of possession on the ground of arrears of standard rent or permitted increases if, on the first day of hearing of the suit or on or before such other date as the court may fix, the tenant pays or tenders in court the standard rent and permitted increases then due and ..... section 12(3)(b) of the bombay rents, hotel and lodging house rates control act, 1947, means, not the day fixed for return of the summons or the returnable day, but the day on which the judge applies his mind to the case, ..... section (1) of section 13 was to protect the possession of the tenancy that protection was extended in the appeal where according to the supreme court, the tenant could legitimately invoke the protection of section 13(1) of the act ..... provisions, sub-sections (2) and (3) of section 12, in the act of 1947, when it was originally enacted, were as follows:-'(2) no suit for recovery of possession shall be instituted by a landlord against a tenant on the ground of non-payment of the standard rent or permitted increases due, until the expiration of one month next after notice in writing of the demand of the standard rent or permitted increases has been served upon the tenant in the manner provided in section 106 of the transfer of property act .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1993Bom155; 1993(1)BomCR660; (1992)94BOMLR716; 1992(2)MhLj1559
..... 128 whereas in chapter viii of the annexure the procedure is provided for effecting the sale, and the provision relating to the nominal bid comes last in both the acts and if that be so, in our judgment, the power to be used by the local body for offering nominal bid should come last and that too after the satisfaction of the local body that in spite of auctions of the property on previous dates after wide publicity bidders are not comingforth. ..... this petition raises an important question about the powers of the municipal corporation under the bombay provincial municipal corporations act, 1949 and that of municipal council under the maharashtra municipalities act, 1965 about offering nominal bid of re. ..... public auctions have certain pre-requisites and they are that the bidders must appear, offer the price, they must have previous knowledge about the tentative price of the property. ..... but, while disposing of the matter the court was pleased to observe in the following words (at page 197) :--'but while upholding the sale in this case, we should like to point out to government that the practice followed by them is by no means fair or equitable ..... it is also urged that looking to the arrangement of various sections and rules in the above acts it cannot be said the these powers are unfettered or unguided.3 ..... no fetters are seen to guide the local bodies in this regard and hence either this provision should be struck down or in the alternative they should be read down with certain limitations. .....
Tag this Judgment!Court : Mumbai
Reported in : (1968)70BOMLR407
..... on behalf of the claimants, reference was made to sections 12 and 19 of the act of 1952 and it is urged that in view of these provisions, the arbitrator determining the amount of compensation under section 8 of that act is not a civil court, nor does he enjoy all the powers of a civil court, hence the award made by the arbitrator would not be an order as contemplated by section 7(1) of the bombay court-fees act, 1959, in any case, it would not have the force of a decree, it would not be an executable order and in order to enforce such an award a suit will have to be ..... rane refers to sections 8(1) (c) and 9 of the requisitioning and acquisition of immoveable property act, 1952 (hereinafter called the 'act of 1952') and points out that the award made by the learned arbitrator against which these appeals are preferred is not merely an expression of opinion, but it is an order which the competent authority is bound to obey under section 9 of the said act of 1952. ..... it merely provides a rule for computing ad valorem fee payable under the act in certain classes of cases on the assumption that under some other provision of the act an ad valorem fee and not a fixed fee is ..... placed, on behalf of the claimants, on the above-mentioned un-reported decision of this court in the government of maharashtra v. ..... for the reasons indicated above, we are of the opinion that the reasoning adopted in hirji virji's case, which is followed in the subsequent unreported decision in the government of maharashtra .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(4)ALLMR233; 2007(4)MhLj202
..... understand the entire controversy, it would be necessary to consider the following provisions of bombay entertainment duty act, 1923:section 2(a-1) :-'amusement park' means a place wherein various types of amusements including games or rides or both [but excluding exhibition by cinematograph and video exhibition] are provided fairly on permanent basis, on payment for admission; (a): 'entertainment' includes any exhibition, performance, amusement, game or sport to which persons are admitted for payment, [or, in the case of television exhibition with the aid of any type of antenna with ..... respect of an amusement park shall be 15 per cent of the payment made for admission to the amusement park, including payment made for admission for games and rides, whether charges separately or not, section 3(2): where the payment for admission to an entertainment is made by means of a lumpsum paid as a subscription or contribution to any society, or for a season ticket or for the right of admission to a series of entertainments or to any entertainment during a certain period of time, or for any privilege, right, facility or thing combined with the right of admission to ..... the petitioners are entitled to the benefits of the concessional rate of duty provided in sub-section 5(a) of section 3 of the act, inserted by maharashtra ordinance no. ..... : [1994]3scr545 , the honble supreme court did not agree with view of karnataka high court insofar as it directed refund of amount found to be paid in excess of .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(3)ALLMR546; 2008(3)BomCR408; (2008)110BOMLR951
..... a development plan for 't' ward comprising of mulund and nahur; (ii) on 9th january, 1964 the bombay municipal corporation after carrying out the survey of areas within its jurisdiction prepared and published the development plan for 't' ward in accordance with section 3(1) of the bombay town planning act, 1954; (iii) after receiving and considering suggestions from members of the public under section 9 and after modifying the said development plan, the bombay municipal corporation submitted the said development plan to the government of maharashtra under section 3(1) and (iv) by a notification dated ..... have to be decided by the competent authority under the said act of 1975, after examining the evidence and, therefore, staying the stop work order was not warranted and may amount to violation of the provisions of the forest conservation act, 1980.6(g) it is brought to the notice of the hon'ble high court that the status of the private forest lands in question is still undecided i.e to say that it is still not certain whether the suit lands fall in the category of finally acquired ..... it is their case that the property falls within the limits of mumbai suburban and, therefore, covered by development plan of 1967 and the revised development plan of 1991. .....
Tag this Judgment!Court : Mumbai
..... the maharashtra private security guards (regulation of employment and welfare) act, 1981 has been enacted for regulating the employment of private security guards employed in factories and establishments in the state of maharashtra and for making better provisions of the terms of employment and welfare through the establishment of a board under section ..... therefore, to my mind, the act being a welfare piece of legislation meant to make the service conditions of the security guards and protect them from exploitation, a complaint filed by the inspector alleging violation of the provisions of the act and the scheme framed thereunder cannot be quashed or the order issuing process issued on such complaint cannot be set aside unless this court is satisfied that the complaint read as whole does not disclose any offence punishable under the said act and the scheme. ..... or agent in relation to a security guard means an individual or body of individuals or a body corporate, who or which employs security guards in his or its employment on wages and undertakes to execute any security work or watch and ward work on contract, for any factory or establishment by engaging security guards in his or its employment, but does not include a sub-agency or sub-agent or the board. ..... in the case of maharashtra suraksha rakshak aghadi, bombay and another v/s state of maharashtra reported in 2002(4) ..... the act contains certain definitions one of which is of the term agency or agent which is defined in section 2(1) .....
Tag this Judgment!Court : Mumbai Nagpur
..... bombay prohibition act, 1949 is not an enactment to only implement the policy of prohibition, but that act has twin objects and it is to amend and consolidate the law relating to the promotion and enforcement of and carrying into effect the policy of prohibition, so also, the abkari law in the state and while amending and consolidating the law it is also necessary to amend and consolidate the abkari law for the said purpose and for certain ..... for use and consumption of foreign liquor and those provisions are enacted by sections 40 to 48 and then comes section 49 which was inserted by mah.70 of 1981 and ..... 'ble supreme court have been made while construing the act of the maharashtra state, namely, the bombay prohibition act, 1949, but they seem to have no impact and the state ..... injury to property, body, mind or reputation arising from violation, actual or threatened, of the legal right or legally protected interest of the ..... nuisance, public inconvenience and serious harassment and embarrassment to the women and children which may give rise to law and order problem in case licence is granted, then, certainly the police department and individual police stations are well within their authority and powers to include such events and aspects in their reports ..... sir andrew clark, in lachrymal language spun the lesson from hospital beds: "as i looked at the hospital wards today and saw that seven out of ten owed their diseases to alcohol, i could but lament that the teaching about this question was .....
Tag this Judgment!Court : Mumbai Nagpur
..... bombay prohibition act, 1949 is not an enactment to only implement the policy of prohibition, but that act has twin objects and it is to amend and consolidate the law relating to the promotion and enforcement of and carrying into effect the policy of prohibition, so also, the abkari law in the state and while amending and consolidating the law it is also necessary to amend and consolidate the abkari law for the said purpose and for certain ..... for use and consumption of foreign liquor and those provisions are enacted by sections 40 to 48 and then comes section 49 which was inserted by mah.70 of 1981 and ..... 'ble supreme court have been made while construing the act of the maharashtra state, namely, the bombay prohibition act, 1949, but they seem to have no impact and the state ..... injury to property, body, mind or reputation arising from violation, actual or threatened, of the legal right or legally protected interest of the ..... nuisance, public inconvenience and serious harassment and embarrassment to the women and children which may give rise to law and order problem in case licence is granted, then, certainly the police department and individual police stations are well within their authority and powers to include such events and aspects in their reports ..... sir andrew clark, in lachrymal language spun the lesson from hospital beds: "as i looked at the hospital wards today and saw that seven out of ten owed their diseases to alcohol, i could but lament that the teaching about this question was .....
Tag this Judgment!Court : Supreme Court of India
..... acquisition act, as under section 83 of the state act, the land could vest in the planning authority even at the threshold and it is vesting of a different kind than contemplated under section 16 of the land acquisition act.the purpose and intent of section 129 of the mrtp act is akin to the provisions of section 17 of the land acquisition act and from linguistic point of view, there is similarity in the two sections but still the state act has provided for a complete scheme with regard to possession and compensation payable to the owner of the land in cases of urgency ..... state of maharashtra and others(2007) 7 scc 555 (hereinafter referred to as 'girnar traders ii') and of the division bench of the bombay high court in shivram kondaji sathe and others v. ..... we certainly are not impressed by this argument advanced on behalf of the appellants.firstly, if we examine the acquisition proceedings under the land acquisition act, they commence only when a notification under section 4 of the land acquisition act is issued. ..... the facts of that case were that the planning authority had published a draft development plan in respect of 'd' ward showing the property belonging to late dr. ..... section 126, which provides for the acquisition of land required or reserved for any of the public purposes specified in any plan or scheme prepared under the 1966 act and section 127, which envisages lapsing of reservation in certain contingencies read as under:"section 126. .....
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