Judgment Search Results Home > Cases Phrase: bombay general clauses act 1904 maharashtra section 1b extension of application of act to acts rules etc of state of maharashtra Page 1 of about 79 results (0.299 seconds)

The State of Maharashtra Vs. Labour Law Practitioners' Association and ...

Court : Supreme Court of India

Reported in : 1998IIAD(SC)20; AIR1998SC1233; [1999(82)FLR380]; (1998)2GLR1079; JT1998(1)SC604; (1998)ILLJ868SC; 1998(1)SCALE565; (1998)2SCC688; [1998]1SCR793

..... 'district judge', one can also bear in mind a similar definition of 'district judge' in section 3(17) of the general clauses act, 1897 and section 3(15) of the bombay general clauses act, 1904. ..... article 235 provides that the control over district courts and courts subordinate thereto shall be vested in the high court; and article 236 defines the expression 'district judge' extensively as covering judges of a city civil court etc, as earlier set out, and the expression 'judicial service' as meaning a service consisting exclusively of persons intended to fill the post of the district judge and other civil judicial posts inferior ..... the high court set aside the notification of 8th of march, 1979 and also gave a direction to the state of maharashtra to comply with the provisions of article 234 of the constitution while making appointments of judges of the labour court ..... the parties often with the assistance of argument; (3) if the dispute relates to a question of law, submission of legal, arguments by the parties; and (4) by decision which disposes of the whole matter by findings on fact and application of law to facts so found, judged by the same tests, a labour court would undoubtedly be a court in the true sense of the term. ..... of persons other than district judges to the judicial service requires that their appointments can be made only in accordance with the rules framed by the governor of the state after consultation with the state public service commission and with the high court. .....

State of Maharashtra and ors. Vs. Santosh Shankar Acharya

Court : Supreme Court of India

Reported in : AIR2000SC2504; 2000(2)ALD(Cri)417; 2000CriLJ3939; 2000(71)ECC468; JT2000(8)SC374; 2000(5)SCALE387; (2000)7SCC463; [2000]Supp2SCR67; 2000(2)LC1431(SC)

..... section 14(1) of the maharashtra act is quoted herein below in extenso for better appreciation of the point in issue together with section 21 of the bombay general clauses act, 1904:section 14(1): without prejudice to the provisions of section 21 of the bombay general clauses act, 1904, a detention order may, at any time, be revoked or modified by the state government, notwithstanding that the order has been made by an officer mentioned in sub-section (2) of section 3. ..... ramani, learned counsel appearing for the state government in some of these appeals vehemently contended that the decision of kamlesh kumar's case (supra) will have no application inasmuch as the provisions of cofeposa are entirely different from the provisions of maharashtra act, with which we are concerned in the present appeals and the high court, therefore, committed error in following kamlesh kumar's case (supra) and answering the point of reference. ..... ''section 21 : where by any bombay act (or maharashtra act), a power to issue notifications, orders, rules or by-laws is conferred, then that power includes a power, exercisable in the like manner and subject to the like sanction and conditions (if any), to add to, amend, vary or rescind any notifications, orders, rules or by-laws, so issued.8. .....

Godrej and Boyce Mfg. Co. Ltd. Vs. Sridhar Jagannath Nerurkar

Court : Mumbai

Reported in : 2005(1)ALLMR128; 2005(1)BomCR839; 2005(1)MhLj1097

..... determination in this civil revision application is:(i) whether during the pendency of a suit filed by a landlord for eviction of a tenant under the provisions of the bombay rents, hotel and lodging house rates control act, 1947 (for short the bombay rent act) the landlord can file a second suit for eviction under the general law (transfer of property act, 1882) against a tenant who has ceased to have protection of a rent act by reason of section 3(1)(b) of the maharashtra rent control act, 1999 ?the brief facts ..... clause (b) of sub-section (1) of section 3 of the maharashtra rent act provides that the act shall not apply to the premises let of sublet to any public sector undertakings or any corporations establish by or under any central or state act, or foreign missions, international agencies, multinational companies and private limited companies and public limited companies having a paid up share capital of rupees one crore or more. ..... be continued and disposed of in accordance with the provisions of the acts so repealed as if the said acts had continued in force and this act had not been passed;(b) the provisions for appeal under the acts so repealed shall continue in force in respect of applications, suits and proceedings disposed of thereunder;(c) any appointment, rule and notification made or issued under any of the repealed acts and in force on the date of commencement of this act shall, in so far as they are not inconsistent with the .....

M/s. Dosti Corporation and Another Vs. Sea Flama Co-operative Housing ...

Court : Mumbai

..... rights to get the deed of conveyance executed in favour of the plaintiff and the defendant nos.3 to 5 accrued much prior to issuance of the notification under the act of 2012 cannot be taken away even if some of the provisions of the said act of 2012 are made applicable in view of the specific provisions under section 6(e) of the bombay general clauses act, 1904 ..... invited to paragraph 3(k) of the written statement and it is submitted that it was pleaded by the defendant no.1 that prior to entering into agreement with the flat purchasers, the defendant no.1 through its brochure had particularly stated that the entire project of dosti flamingos will be constructed in phase wise manner and also particularly in the plan annexed to the brochure and the defendant no.1 had earmarked the pockets of plot which were to be ..... he placed reliance on rules 8 and 9 of the maharashtra ownership flats (regulation of promotion of construction, sale, management and transfer) rules, 1964 which provides that the promoter shall submit an application to the registrar for registration of the co-operative society or the company, as the case may be within four months from the date on which the minimum number of persons required to form ..... section 56 provides that such repeal however shall not affect various rights, privileges, obligation or liability acquired, accrued or incurred under the law so repealed, investigation, proceedings, legal proceedings or remedy in respect of any such right, privilege, obligation .....

Laxmibai W/O Vijayrao Darpel Vs. the Returning Officer, Kopargaon, Nag ...

Court : Mumbai

Reported in : 1998(4)BomCR800; 1999(1)MhLj486

..... there cannot, therefore, be any doubt about the legal position that the benefit of section 11 of the bombay general clauses act, 1904 has to be given to the party preferring appeal to district judge under rule 15 of the election rules if the limitation of such appeal expires on the day when such court is closed and on the day next immediately thereafter, the appeal is filed when such court is ..... section 11 of the bombay general clauses act, 1904 provides ..... this general provision of section 11 of the bombay general clauses act is fully attracted in the present case and can be surely availed to save limitation under rule 15 of election rules inasmuch as, the list of validly nominated candidates was published by the returning officer on 14-11-1996: the appeal could have been filed by 17-11-1996; on 17-11-1996 the court was closed being sunday and appeal ..... by the additional district judge would not have called forinterference if its soundness rested on applicability of section 4 of limitation act to thatextent he seems to be right- but he overlooked the relevant provision of bombaygeneral clauses act to which i shall refer immediately and that renders the impugnedorder unsustainable. ..... judge, ahmednagar dismissed the appeal as time barred by holding that petitioner (appellant therein) could not be given benefit of section 4 of limitation act since provisions of limitation act have no application. 6. ..... various wards of municipal council, kopargaon was notified by the state of maharashtra. .....

imran Ali Rajabhai Polara Vs. State of Gujarat

Court : Gujarat

Reported in : (2004)1GLR811

..... the power to issue a certificate also includes the power to cancel the certificate as provided in section 21 of the general clauses act 1897 and section 21 of the bombay general clauses act, 1904 ..... , no group is identified by caste or sub-caste name, though specific groups may be identified by their occupation like pinjari (cotton beaters), kasai/kasab/qureshi (butcher), julaha/momin/ansari (weaver), hazam (barbar), ghanchi (oil trader) etc.4.3 the petitioners' explanation for non-mention of the name 'muslim julahas' or 'muslim julayas' in any documents prior to 1978 is that the words 'julaha' or 'julaya' are not gujarati words but are urdu words ..... . state of maharashtra, (1996) 3 scc 685 and particularly the following observations :-'undoubtedly, in cases of this type (regarding issuance of caste certificate for the purposes of obtaining the benefits of reservation), the burden heavily lies on the applicant who seeks such a ..... . state of maharashtra, 1996 (3) scc 685 which are already quoted in para 14 of this judgment and in light of the other observations made in this judgment.rule is made absolute to the aforesaid extent with no order as to ..... impugned orders are in violation of the principles of natural justice.4.7 the petitioners have submitted that the proceedings before respondent no.2 were quasi-judicial in nature and for holding such proceedings either there should be a statutory rule or specific powers have to be conferred on specific authority to hold such proceedings .....

Nerkar Madhukar Jagannath Head Master Nagarpalika Madhyamik Tantrik Vi ...

Court : Mumbai

Reported in : 2009(3)BomCR4; 2009(111)BomLR1622; 2009(4)MhLj413

..... the learned counsel further submitted that there is no scope for applicability of section 7 of the bombay general clauses act, 1904, which provides for the effect of repeal and save certain acts because legislature has expressed its intention to omit the enlarged definition completely and as if it was never enlarged.10. mr. n. a. ..... section 7 of the bombay general clauses act, 1904, reads as follows:7. ..... charity commissioner : [1967]1scr110 for the proposition that the enquiry, which is a thing done under the repealed enactment is saved by reason of section 7 of the bombay general clauses act, 1904.11. ..... their lordships have laid down that section 6 of the general clauses act which deals with the effect of repeal would have no application where what is repealed is only a 'rule' and not a 'central act' or 'regulation'. ..... in such a situation there is no option but to construe the effect of repeal in accordance with the provisions of repealing act or if there is no such provision, in accordance with the provisions of the bombay general clauses act in its application to the state of maharashtra. ..... it is therefore necessary to resort to the well established method of applying the general rule of construction provided of the bombay general clauses act, 1904. ..... (b) and (e) are clear indication that the repeal of an enactment would not affect anything duly done under the repealed enactment vide clause (b) above, including an investigation, legal proceedings, remedy etc. .....

Hindustan Ferrodo Ltd., Now Known as Hindustan Composites Ltd., a Comp ...

Court : Mumbai

Reported in : 2003(3)ALLMR201; 2003(5)BomCR790; 2003(4)MhLj50

..... provision under sub-section (3) of section 7 that section 7 of the bombay general clauses act would apply upon the expiry of the old rent act or any provision thereof ceasing to be in force in any area, as if it had been repealed by the maharashtra act and therefore it is clear that it any provision which was applicable to any particular area is repealed or ceases to be in force in any area pursuant to a notification issued by the state government, under section 2(4) of the old rent act, the provisions of section 7 of the bombay general clauses act would come into ..... . in that context, the effect of section 3(3) r/w section 7 of the bombay general clauses act was sought to be ascertained and it was ruled that though the old rent act is a temporary measure and the bombay general clauses act would not normally be applicable but because of the provisions of section 3(3) of the old rent act, the said provision of section 7 of the bombay general clauses act would not normally be applicable but because of the provision of section 3(3) of the old rent act, the said provision of section 7 of the bombay general clauses act would come into play and therefore the suit was held to ..... or liability acquired, accrued or incurred under any enactment so repealed: or' apparently, therefore, in terms of the provisions of section 7 of the bombay general clauses act, 1904, if any right is acquired under the provisions of the old rent act, the same cannot be said to be affected on account of its repeal. .....

Rukmani Vs. Appellate Authority Under Maharashtra Medical Practitioner ...

Court : Mumbai

Reported in : AIR1970Bom10; (1969)71BOMLR71; ILR1968Bom1445; 1969MhLJ318

..... the petitioner was practising at baroda in the bombay state on 4th november 1951, he should be held to have satisfied the provision of section 18(2)(b)(ii) which requires that the applicant should have been regularly practising on that day 'in the bombay area of the state', we do not find any substance in this argument 'bombay area of the state' in the above provision clearly means the bombay area of the state of maharashtra and that expression, according to section 3(6) of the bombay general clauses act, means 'the area of the state of maharashtra excluding the vidarbha region and the ..... the appointed clay, continued to be included in the list kept under section 18 of the bombay medical practitioners' act, 1938, as in force in the bombay area of the state and whose name is not entered in the register under sub-section (5) of section 17: (b) the name of every person whose case is not covered by clause (a) but who makes an application to the registrar in the form prescribed by rules accompanied by a fee of ten rupees and such documents as may be prescribed by rules, on or before 31st march 1965 and who proves to the satisfaction .....

Anil Dhondu Shinde and Another Vs. Govind Jagnnath Samant, Since decea ...

Court : Mumbai

..... sub-section (3) of section 3 of the bombay act states that section 7 of the bombay general clauses act, 1904 shall apply upon the expiry of the bombay act as if it had not been repealed by the maharashtra act. ..... be continued and disposed of, in accordance with the provisions of the acts so repealed, as if the said acts had continued in force and this act had not been passed; (b) the provisions for appeal under the acts so repealed shall continue in force in respect of applications, suits and proceedings disposed of thereunder; (c) any appointment, rule and notification made or issued under any of the repealed acts and in force on the date of commencement of this act shall, in so far as they are not inconsistent with the ..... the apex court has held that the survival of the right or continuation of the operation of the act to the proceedings is all that is ensured and not the expansion or extension of that right. ..... the rent laws are the special enactments made by the state legislatures to provide additional protection to the tenants by regulating the rates of rent, repairs of premises, eviction of tenants, etc. ..... the bombay rents, hotel and lodging house rates control act, 1947 was brought into force with effect from 19-1-1948 with a view to amend and consolidate the law relating to the control of rents and repairs of certain premises, or rates of hotels and lodging houses and of eviction and also to control the charges for licence of premises, etc. .....