Court : Mumbai
..... act though specific challenge raised/agitated even in written statement, revolving around the indian forest act, as well as, the private forest act and also bombay abolition act, by referring to the notification dated 23 february 1907 under the indian forest act. the contrary submission was made that the agreement between the ..... of 2010 has been summarized in the averments in paragraph 34 stating, inter alia, that:- the petitioner states that in view of the various provisions of the bombay personal inam abolition act, 1952, the maharashtra agricultural land (ceiling on holdings) act, 1966, the maharashtra private forest (acquisition) act, 1975, the contesting respondents ..... the courts, and amendment of constitution, many of the relevant provisions thereof came into force much later. 15. on 3 february 1970, the commissioner of bombay division issued a notification under section 4 of the land acquisition act, 1894 (for short, the acquisition act ) notifying that the land described in the .....
Tag this Judgment!Court : Mumbai Aurangabad
..... to go into the question of constitutional validity of the law providing for separate levy. 11] learned agp opposed the petition urging that : [a] section 3 of the bombay motor vehicles tax act, 1958, authorizes the levy of tax on the vehicles used or kept for use in the state of maharashtra. vehicles belonging to members of the ..... vii applies to vehicles which are not covered by earlier entries. [j] the petitioner is not claiming lack of legislative competence to levy the tax by or under the bombay motor vehicles tax act. petitioner's grievance appears to be against compulsion to pay the tax which may be rendering the business partly unviable or less economic. 12] ..... right creeping therein. 24] a passing reference is made in the midst of arguments, to the manner in which amendments are made to the schedule i of the bombay motor vehicles tax act, by which rates have been enhanced. we perceive that these submissions are not seriously pressed. the point argued is that the president's assent .....
Tag this Judgment!Court : Mumbai Aurangabad
..... to go into the question of constitutional validity of the law providing for separate levy. 11] learned agp opposed the petition urging that : [a] section 3 of the bombay motor vehicles tax act, 1958, authorizes the levy of tax on the vehicles used or kept for use in the state of maharashtra. vehicles belonging to members of the ..... vii applies to vehicles which are not covered by earlier entries. [j] the petitioner is not claiming lack of legislative competence to levy the tax by or under the bombay motor vehicles tax act. petitioner's grievance appears to be against compulsion to pay the tax which may be rendering the business partly unviable or less economic. 12] ..... right creeping therein. 24] a passing reference is made in the midst of arguments, to the manner in which amendments are made to the schedule i of the bombay motor vehicles tax act, by which rates have been enhanced. we perceive that these submissions are not seriously pressed. the point argued is that the president's assent .....
Tag this Judgment!Court : Mumbai
Reported in : 2010(3)MhLj331
..... the tenant. in this respect, the decision of the apex court reported in : 2003(2) scc 320 (badrinarayan chunilal bhutada v. govindram ramgopal mundada) rendered on the provisions of bombay rents, hotel and lodging house rates control act, 1947 needs to be looked into. the provisions of section 13(1)(g) and section 13(2) of the said act, ..... chunilal bhutada v. govindram ramgopal mundada reported at 2003 air scw 3307 where the supreme court was considering the analogous provisions of subsection (2) of section 13 of the bombay rent act. the observations of the court in paragraphs 7, 8, 9 and 11 of the judgment may be usefully reproduced as under:7. a perusal of the scheme ..... different trend is now discernible. for this purpose he sought to place reliance on the observations of the apex court in a matter arising out of the provisions of the bombay rent act and the maharashtra rent control act, in state of maharashtra v. super max international (p) ltd. reported at : (2009) 9 scc 772. it may be .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1993Bom155; 1993(1)BomCR660; (1992)94BOMLR716; 1992(2)MhLj1559
..... firm opinion that the legislature has in its mind that these auctions should be held by way of last resort. they should be rare and few. so far bombay provincial municipal corporation act, 1949 is concerned right to sale the property is referred in s. 128 whereas in chapter viii of the annexure the procedure is provided ..... constitutional validity of s. 156, sub-sec. (3) of the maharashtra municipalities act and r. 47(7) of chapter viii in schedule of appendix-iv of the bombay provincial municipal corporations act.9. the undisputed facts, therefore, are that under the various acts of the council as well as the corporation the property of the petitioner was ..... for auction, provided the previous approval of the collector is obtained to such bidding.' almost the identical provision is to be found in chapter viii of appendix-iv of the bombay provincial municipal corporations act, 1949 and the same is at r. 47, sub-rule (7) in the said chapter under title taxation rules (collection of taxes).2. .....
Tag this Judgment!Court : Mumbai
Reported in : 1995(1)BomCR305
..... the purchaser comes within the definition of agriculturist regardless of whether he is based in this state or otherwise, that the permission under section 63 of the bombay tenancy and agricultural land act, is a condition precedent for the sale. mr. nakhwa also relies on an extract from the standard commentary on the ..... journal, page 401, in the case of nariman sorabji parekh v.ramchandra janu mhatre. the issue involved in that case concerned basically the requirement under the bombay tenancy and agricultural act. section 33 namely obtaining of permission by a non-agriculturist to purchase agricultural land. the court upheld the view that such permission ..... of the land is concerned, the records very clearly designated them as agricultural lands. under these circumstances, the land would be governed by the provisions of the bombay tenancy and agricultural lands act.3. the original plaintiffs, who are the appellants before me, purchased the land through a registered sale deed dated 20th march, .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(1)BomCR501
..... by the stray dogs, resort can be had to the provisions of sub-section (3) of section 11 of the prevention of cruelty to animals act, 1960 and the relevant provisions of the bombay municipalities act, maharashtra municipalities act and the goa municipalities act and other enactments?(2) whether inspite of the aforesaid provisions of sub-section (3 ..... objects of the pca act, viz. to prevent the infliction of unnecessary pain and suffering by controling the population of stray dogs, by preventing the spread of diseases from rabid or incurably ill or mortally wounded dogs and regulating the nuisance that may be caused from such category of stray dogs, and therefore encroachment if any ..... therefore prevents the true incidence of rabies from being known and appropriate action being taken.(5) if the dog is found not to have rabies but some other disease it would be handed over to the awos who will take the necessary action to cure and rehabilitate the dog.rule 11: disposal of carcasses: the carcasses .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(4)BomCR588
..... dues under their respective acts, for confinement and elimination of stray dogs/cattle and for preventing and checking the spread of dangerous diseases and accidents and further restraining the animal welfare organizations from interfering with the local bodies in the discharge of their statutory responsibilities and obligations and if they fail to ..... the petitioners, the judgment does not, therefore, conclusively decide the issue as it has not considered the provisions of the prevention of cruelty to animals act, the bombay municipalities act, the maharashtra municipalities act, etc.41. a perusal of the judgment in writ petition no. 1596 of 1998 shows that it is ..... . therefore, considering all the issues involved, the seriousness of the problem of stray dogs, the provisions of prevention of cruelty to animals act, the goa municipalities act, the bombay municipalities act, and the maharashtra municipalities act quoted above and the scope and the object of the aforesaid enactments, this is a .....
Tag this Judgment!Court : Gujarat
Reported in : [1992]85STC258(Guj)
..... big and small who purchase the raw materials in the state and use them in manufacturing taxable goods out of them. remedy cannot be worse than the disease. the impugned provisions if considered de hors rule 42e would make them per se unreasonable. 24. mr. kaji produced on record xerox copies of the relevant ..... such user is made of the purchased raw material, charge gets settled. referring to the argument about validation provision, our attention was invited to section 9 of the bombay general clauses act and the decisions of the supreme court in maharashtra state textile corporation ltd. v. official liquidator : [1978]2scr499 for submitting that once retrospective ..... therein the turnover of such purchases during the period commencing on the 1st july, 1985 and ending on the day immediately preceding the date of commencement of the bombay sales tax (amendment) act, 1990, or is exempted from furnishing such return, by a general or special order issued in this behalf by the commissioner, .....
Tag this Judgment!Court : Mumbai
Reported in : (1971)73BOMLR170
..... family left behind by devidas. dattatraya, shrikant and shalinibai, who will hereafter be referred to as the landholders, started proceedings for possession of these fields under section 38 of the bombay tenancy and agricultural lands (vidarbha region) act, 1958, hereafter referred to as the tenancy act, on the ground that they bona fide required these fields for their personal cultivation. field ..... seeking to exercise against the tenant.7. clause (e) of sub-section (2) of section 38 of the tenancy act is analogous to clause (e) of section 81a of the bombay tenancy and agricultural lands act, 1948, section 31a of 1948 act contained twos (a) and (b) which are an clause alogous to clauses (a) and (b) of section 88(3 .....
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