Judgment Search Results Home > Cases Phrase: bombay execution of decrees temporary postponement act 1959 maharashtra Page 4 of about 308 results (0.102 seconds)

Jindal Stainless Ltd. and Anr. Vs. State of Haryana and Ors.

Court : Supreme Court of India

..... accepted, (1) that regulation of trade, commerce and intercourse among the states is compatible with its absolute freedom, and (2) that section 92 is violated only when a legislative or executive act operates to restrict such trade, commerce and intercourse directly and immediately as distinct from creating some indirect or consequential impediment which may fairly be regarded as remote ..... illustration that if a motor vehicle was brought from jabalpur (madhya pradesh) for being used or sold at amravati (in nagpur district of maharashtra), which was the border area, taxable event was not the entry in nagpur district but entry in area ..... . similarly, mignault j.stated: i think that, like the enactment i have just quoted, the object of section 121 was not to decree that all articles of the growth, produce or manufacture of any of the provinces should be admitted into the others, but merely to secure that they should be admitted ..... other day the madras premier said he could stop the import of textiles from bombay and other places outside madras: but it was pointed out to him that until ..... a local area who must consume them himself, the act of consumption may be postponed or may be performed by someone else but so long as the goods have been brought into the local area for consumption in that sense, no matter by whom, they satisfy the requirements of the boroughs act and octroi ..... to the validity of a tax imposed under the madras general sales tax act, 1959 on raw hides and skins and on dressed hides .....

Fertilizer Corporation Of India Ltd. Vs. M/s. Coromandal Sacks Private ...

Court : Supreme Court of India

..... plaintiff could not have been said to be barred under section 22(1) of the 1985 act as it was for the mere determination of liability of the parties inter-se, the execution of decree obtained as a result thereof was expressly suspended during the period as civil appeal ..... part provides that where an appeal under section 25 relating to an industrial company is pending, then, notwithstanding anything contained in any other law, no proceedings for the winding up of the industrial company or for execution, distress or the like against any of the properties of the industrial company or for appointment of a receiver in respect thereof shall lie or be proceeded with further, except with the consent of the bifr or, ..... scc440 in the said case, while deciding an appeal against the decision of the bombay high court quashing recovery proceedings towards property taxes and other amounts due under the provisions of the bombay village panchayat act, 1959 against the respondent company therein, which had been declared to be a sick company under the act, the bench held: civil appeal nos. ..... , while answering the issue in the negative, distinguished the facts before it from the decisions in gram panchayat (supra) and maharashtra tubes (supra) and held thus: 13. ..... opposed to section 26 of the act, which bars the jurisdiction of the civil courts in respect of those matters for which the bifr or the aaifr are empowered, section 22 only places a temporary embargo on the initiation or continuation ..... postponed .....

Rashid Wali Beg Vs. Farid Pindari

Court : Supreme Court of India

..... . in fact, section 83(5) of the act makes it clear that the tribunal shall be deemed to be a civil court and shall have the same powers as may be exercised by a civil court under the cpc, while trying a suit or executing a decree or order ..... pious the division bench of the high and religious court, this court held that the 22 purposes is in words, any dispute, question or accordance with the other matters are words of very act; and (ii) whether wide connotation and that the the waqf act is tribunal has all the powers of the applicable for the civil court including the power to portion of the grant temporary injunctions property earmarked under order xxxix, cpc. ..... an important feature of the 1995 act is that it was made applicable to the whole of india except the state of jammu and kashmir, though the waqf act, 1954 was not applicable to uttar pradesh, west bengal, parts of gujarat, parts of maharashtra and some of the north eastern states3. ..... this act declared that no waqf shall be deemed as invalid merely because it postponed the religious and charitable benefit confirmed therein, until the extinction of the family of the founder. ..... the statements of objects and reasons of the 1954 act, recorded that the 1923 act was not of much practical value and that therefore the provincial governments of bombay, bengal and the united provinces introduced amendments respectively in 1934, 1935 and 1936 to the 1923 act.13. ..... the 1954 act, went through some amendments in 1959, 1964 and in 1969. .....

Ms. Bushra Abdul Aleem Vs. Government of Karnataka

Court : Karnataka

..... of the measure of penalty would present no difficulty; perhaps a draconian simplicity and severity would be perfectly effective; but, they seldom are; several states have already evolved legislative & executive policies prescribing compulsory medical service and fixing heavy sums of penalty for defaulters; with this backdrop of fact matrix, the impugned law having been enacted, sec.6 thereof prescribes rs.15 ..... different from each other); to enable the petitioners to practise medicine during this period of one 1308 year, the impugned act provides for temporary registration; there is nothing unreasonable in it; no fundamental right is absolute in the scheme of part iii of the constitution; the act which creates a public duty of the kind for the first time, need to have a reasonable provision for ..... who have made a pact for serving the community post their courses; the enforceability of contractual obligation arguably having been postponed by one year, the rest of the years are free for availment in favour of the minority institutions; there is no cause for panic nor for a hue & ..... laws (ker) 2018(3) 105; in maharashtra the fine amount is rs.25 lakh ..... . cit, bombay, (1955) 1 scr829 the impugned act which prescribes one year compulsory public service in the government hospitals is referable to entry 6 list ii which reads "public ..... in statutes but even certain provisions which otherwise would have exposed the statutes to absurdity or invalidation; harman j.in re lockwood, deceased (1959) ch .....

R.S. Nayak Vs. A.R. Antulay

Court : Supreme Court of India

Reported in : AIR1984SC684; AIR1984SC991; (1984)86BOMLR365; 1984CriLJ613; 1984CriLJ819; 1984(1)Crimes568(SC); 1984(1)Crimes926(SC); 1984(1)SCALE198; 1984(1)SCALE583; (1984)2SCC183; (1984

..... of the government, half of the government or toexecute or to make any survey, as- any revenue--process, or to investigate, assessment or contracton be- gate, or to report, on any matter affect half of the government or to ting thepecuniary interest of the execute any revenue-process, government or to make authenticate-or to investigate, or to report, or keep any document relating to the on any matteraffecting the pecuniary interest of the government, pecuniary interest of the go- or toprevent he infraction of any law government, or make ..... the government of maharashtra issued a notification in exercise of the powers conferred by sub-section (2) of section 7 of 1952 act find in modification of the earlier government order dated april 12, 1982 directing that in greater bombay on and after the date of the notification the offences specified in sub-section (1) of section 6 of the 1947 act which are investigated by the anti corruption bureau of police in greater bombay, except special ..... the second petition requested the learned judge to postponed the case till the petition for special leave filed by the accused against the decision of the division bench of the high court holding that the private complaint ..... of parliament is, therefore, in the highest sense, a servant of the state; his duties are those appertaining to the position he fills, a position of no transient or temporary existence, a position forming a recognized place in the constitutional machinery of government. ..... 1959 .....

Bomi Munchershaw Mistry Vs. Kesharwani Co-operative Housing Society Lt ...

Court : Mumbai

Reported in : 1993(2)BomCR329

..... . explanation---an intention that an interest shall not be vested is not to be inferred merely from a provision whereby the enjoyment thereof is postponed, or whereby a prior interest in the same property is given or reserved to some other person, or whereby income arising from the property is directed to be accumulated until the time of enjoyment arrives, ..... . the purchaser agrees to bear all costs of such removal provided that the vendor shall on the execution of this agreement hand over to the purchaser complete possession of the property with vacant possession of the first floor of the ..... registered under the maharashtra co-operative societies act (mcs act), the suit had to be preceded by the service of a notice prescribed under section 164 of the said act ..... . the existence of a mutual mistake was borne out by munchershaw's acceptance of the garage covenant till 1959; a deliberate attempt by him at plaintiff's instigation to distort the words and failing to have his way with the bmc; maneckji and the other trustees never ..... were proper parties who might well have been impleaded by the plaintiff or added as defendants by the court, but it cannot be said that no decree can be passed in plaintiff's favour in the absence of the other beneficiaries of 'waqf'.'15 ml.j ..... . in india, it has been held by the high courts of bombay, calcutta, madras and nagpur, that even where under the law of procedure the defendant is not entitled to make a counterclaim, the defendant should on the principles of justice, .....

Raisa Begum and ors. Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 1995CriLJ1067

..... validity of the law itself has to be gone into or not as it would be immaterial for the purpose of the proceedings of the present nature and it will be sufficient to say that it may be that where the act of legislature directing the detention is hit by any provision or fetters in the constitution the detention may be illegal but the mere thought that an arrest will lower the person in general esteem may not justify ..... opinions about it and this principle has been the basis of common law, both in england as well as in india, however, the matters of procedure, specially the provisions in law wherein the actions of the executive persons are laid down in the codes are enacted for our purpose, code of criminal procedure in the matter of cases of the present nature ..... can lay down and in my opinion rightly as a piece of law for general that the court concerned has jurisdiction to admit him to a temporary bail on personal bond only but there cannot be direction from this court as that will be controlling the discretion, of the authority or ..... the rival allegations can be only thought of at the preliminary stage but are decreed to be relied upon and weighed by the supreme court in the case ..... that is in the nature of affirmation from the police, the report has to be completed and then either the bail matter can be disposed by the court concerned or he can take a decision that it may be postponed for any reason. ..... state of maharashtra and : [ ..... . hashim air 1959 sc 542 : 1959 cri lj ..... bombay corporation : air1986sc180 .....

Monnet Ispat and Energy Ltd. Vs. Union of India and ors.

Court : Supreme Court of India

..... under a prospecting licence or a mining lease; or (b) in respect of which an order had been made for the grant of a prospecting licence or mining lease, but the applicant has died before the grant of the licence or the execution of lease, as the case may be; or (c) in respect of which the order granting a licence or lease has been revoked under sub-rule (1) of rule 15 or sub-rule (1) of rule 31; or (d) in respect of ..... first, because the exemption notification having been issued under section 25(1) of the act, it was implicit in it that it could be rescinded or modified at any time if the public interest so demands and secondly it is not permissible to postpone the compulsions of public interest till after 31-3- 1981 if the government is satisfied as ..... hind stoneo, the question under consideration was about the validity of rule 8-c of the tamil nadu minor mineral concession rules, 1959 which provided for lease for quarries in respect of black granite to the government corporation or by the government itself and that from december 7, 1977 no lease ..... in 1962 and 1969 envisaged a situation where reservation could be made only for a temporary purpose or for an emergency and it did not empower the state to reserve the ..... state of maharashtra reported in 1989 (4) scc 121 to draw the ..... of bombay[57], century ..... obligation in respect of which performance is sought, circumstances under which the decision came to be made, the conduct of the parties and the effect of the court granting the decree. .....

M/S. Mohan MeakIn Limited, Simla, Himachal Pradesh and Another Vs. Sta ...

Court : Karnataka

Reported in : 1999(4)KarLJ6

..... government which provides compensation from the taxes of the empire should have larger powers of withdrawal than are given by the present act, but we are of opinion that no such power should be given after possession has once been taken and that each local government must protect itself by executive instructions to collectors to refrain from taking possession until after the award of the judge, in every case in which there ..... 1206 of 1989 before the court of xii additional city civil judge, bangalore, praying for decree of permanent injunction against the writ petitioners on the plea that they were in possession of ..... in a latest judgment the apex court in state of maharashtra and others v ishwar piraji kalpatri and others , held:'...it appears strange that when a petition had been filed in the high court, judgment obtained and the losing party comes ..... the collectors should postpone taking of possession until award is passed to enable the state to make up its mind as to whether it would be necessary to spend that much of money to acquire the land and the position as to what would be ..... referring to the provisions of sections 81 and 84 of the bombay town planning act, 1955, the court held that the state government had the authority to acquire the lands for the public purpose of a local authority and after acquiring the lands ..... prayer for grant of temporary injunction was declined vide annexure ..... sheet maintainedby the land acquisition officer, a note was made on october 17,1959: 'sri b.p. .....

Chandresh Paswan Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 1999CriLJ2759

..... the central government or the state government may, if satisfied with respect to any person that with respect to any person that with a view to preventing him from acting in any manner prejudicial to the security of the state or from acting in any manner prejudicial to the maintenance of public order or from acting in any manner prejudicial to the maintenance of supplies and services essential to the community it is necessary so to do, make an order directing that such person be detained ..... 'ble supreme court and this court have also held in number of cases that consideration of the representation could not be postponed on the basis of non-availability of the report of the advisory board ..... magistrate, dhanbad, (1986 (4) scc 416 : air 1986 sc 2090 : 1986 cri lj 1959 wherein the detenu was served with the order of detention under section 3(2) of the national security act while he was in jail custody in connection with the criminal charge under section 302, i.p.c ..... government together with the grounds on which the order has been made and such other particulars as, in the opinion of the state government, have a bearing on the necessity for the order.section 4 of the act provides for execution of the detention orders. ..... . suite of maharashtra air 1986 sc 2177 : 1986 cri lj 2047 relied upon by counsel for the petitioner, have no application to the instance case inasmuch as in the instant case the detenu was not arrested and imprisoned in ..... state of maharashtra, air 1983 sc 541 : 1983 cri lj .....