Judgment Search Results Home > Cases Phrase: bombay general clauses act 1904 maharashtra section 7a repeal of enactment making textual amendment in any act Page 1 of about 22 results (0.148 seconds)

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. ..... for the respondents-detenues on the other hand contended, that a plain reading of section 14, engrafting the provisions of section 21 of general clauses act, into it making explicitly clear that the legislatures purposely retained the power of the officer who issues an order of detention to deal with the same in terms of section 21 of the bombay general clauses act, and that being the position, non-communication of the fact that the detenue could make a representation to the detaining authority so long as the order of detention has not been ..... consequently, until the said detention order is approved by the state government the detaining authority can entertain a representation from a detenue and in exercise of his power under the provisions of section 21 of bombay general clauses act could amend, vary or rescind the order, as is provided under section 14 of the maharashtra act. .....

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

Court : Mumbai

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

..... this provision is made to save the suits filed under any of the repealed acts and pending on the date of their repeal would have abated unless they were saved under section 6 of the general clauses act or section 7 of the bombay general clauses act. ..... answering the issue in the affirmative, the supreme court (in para 38 of its judgment) said that the landlord had a right to continue the eviction proceedings before the rent controller by virtue of section 6 of the general clauses act. ..... jahagirdar invited my attention to sub-section (2) of section 58 of the maharashtra rent control act which provides that notwithstanding the repeal of the bombay rent act and other two similar acts, all applications, suits and other proceedings pending on the date of the commencement of the maharashtra rent control act before any court, controller or competent authority shall be continued and disposed of in accordance with the bombay rent act (other two repealed acts) as if the repealed act had continued in force and maharashtra rent act had not been passed. ..... the issue was a limited as to whether the eviction proceedings before the rent controller could be continued in view of the amendment to the delhi rent controller act ousting the jurisdiction of the rent controller in respect of the tenancies fetching rent of more than rs. ..... it is not necessary for a landlord to make out or prove the existence of any of the grounds of eviction as is necessary in a suit under a rent act. .....

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

Court : Mumbai

..... section 6 of the general clauses act and also on section 7 of bombay general clauses act, 1904 ..... considering the effect of section 6 of the general clauses act, 1897 has held that the rights and remedy accrued to a party would continue and cannot be divested by an amendment unless it is intended by an amendment to make it applicable with retrospective ..... whether provisions of the mofa or any part thereof, more particularly sections 10 and 11 thereof, stood repealed by the provisions of maharashtra housing (regulation development) act, 2012 and whether the rights and obligations of the parties are accordingly governed by the said act of 2012 and not under the ..... that if the subject matter of the later legislation is identical with that of the earlier, they cannot both stand together, than the earlier is repealed by later enactment which principle will be equally applicable to a question under article 254(2) whether the further legislation by parliament is in respect of the same matter as that of the state law. ..... state of maharashtra, reported in (1994) 4 scc 602 in which the supreme court has culled out the principles with regard to the ambit and scope of an amending act and its retrospective operation as follows:- (i) a statute which affects substantive rights is presumed to be prospective in operation unless made retrospective, either expressly or by necessary intendment, whereas a statute which merely affects procedure, unless such a construction is textually impossible, is presumed .....

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 ..... clear from the aforesaid provision, that if an act or proceeding under the maharashtra act is required to be taken on or before particular day or in due time in the court and that day or last day of such time is court holiday if such act or proceeding is taken or done on the next day when such court is open, by legal fiction such act or proceeding is deemed to have been done or ..... where, by any bombay act (or maharashtra act) made after thecommencement of this act, any act or proceeding is directed or allowedto be done or taken in any court or office on a certain day or within aprescribed period, then, if the court or office is closed on that day or thelast day of the prescribed period, the act or proceeding shall beconsidered as done or taken in due time if it is done or taken on the nextday afterwards on which ..... said question of law is : where the limitation of an appeal preferred under rule 15 of maharashtra municipalities election rules, 1966 expires on holiday and such appeal is filed on next day, can such ..... officer, the petitioner preferred appeal under rule 15 of the maharashtra municipalities election rules (hereinafter referred election rules) on 18-11-1996. .....

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 ..... socially and educationally backward classes within the territory of india; (ii) to investigate the difficulties under which they labour; (iii) to make recommendations as to the steps that should be taken by the union or any state to remove such difficulties; and to improve their condition; and (iv) to make recommendations as to the grants that should be made for the purpose by the union or any state and the conditions subject to which such grants should be made.such a commission is to investigate the matters ..... commission for obcs, the government has published the list of socially & educationally backward classes, it is not open to any authority, much less for the court, to hold community 'b' (a community not specifically mentioned in the list of sebcs) as synonymous to community 'a' mentioned in the list of sebcs and that it is not open to the state governments or courts or tribunals or any other authority to modify, amend or alter the list of sebcs, just as such a list of scheduled tribes specified in the notification ..... . 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 .....

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

Court : Mumbai

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

..... 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. ..... act, or any bombay act [or maharashtra act], made after the commencement of this act, repeals any enactment hitherto made or hereafter to be made, then, unless a different intention appears, the repeal shall not--(a) revive anything not in force or existing at the time at which the repeal takes effect; or(b) affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder; or(c) affect any right, privilege, obligation of liability acquired, accrued or incurred under any enactment so repealed; or(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed, or(e) affect any ..... amended by section 2 of this act, appeals, if any, filed by any employee of a local authority relating to any matters specified in clause (b) of section 9 before the 7th august 1987 shall be disposed of by the appellate authority competent to do so; and similar appeals, if any, filed by an employee of a local authority before the tribunal on or after the 7th august 1987, shall be transferred to such competent authority as aforesaid for disposal, as if clause (20) of section 2 of the principal act, as amended by this act, had been effective and continuously in force.section 4 which provides for the consequences as above, does not make any .....

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

Court : Mumbai

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

..... section 3(3) of the old rent act provides that section 7 of the bombay general clauses act, 1904, would apply upon expiry of the old rent act or any provision thereof ceasing to be in force in any area, as if it has been repealed by a maharashtra act. ..... (c) affect the right, privilege, obligation 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. ..... the mamlatdar held the appellant to be a tenant under section 70(b) of the 1948 act while in the appeal to the collector, it was held that the mamlatdar had no jurisdiction to decide the appellant to be a tenant and in the revision before the revenue tribunal, referring to section 88-b introduced by way of the amendment act of 1956, it was held that the revenue court had jurisdiction to decide the appellant to be a tenant and therefore the matter was remanded to the collector for decision on the question .....

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

Court : Mumbai

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

..... 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 hyderabad area of that ..... of every person who on the day immediately preceding 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 ..... (c) the bombay medical practitioners' act, 1938, was amended by the bombay medical practitioners' (amendment) act, 1949. ..... i of 1312 fasli were repealed as from the ''appointed day', which by definition was the date on which the whole act except chapter vi thereof came into force. .....

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

..... considering the definition of a '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. ..... , in the case of the unamended bombay industrial relations act and the maharashtra recognition of trade unions and prevention of unfair labour practices act, the qualifications of a presiding officer of the labour court were in terms of article 234 until the bombay industrial relations act was amended. ..... these are :'(d-1) he has practised as an advocate or attorney for not less than seven years in the high court or any court subordinate thereto or any industrial court or tribunal or labour court constituted under any law for the time being in force ; or(d-2) he holds a degree in law of a university established by law in any part of india and is holding or has held the office not lower in rank than that of deputy registrar of such industrial court or tribunal for not less ..... single judge of 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. ..... this court was concerned with preserving independence of the judiciary from the executive and making sure that persons from non-judicial services, such as, the police, excise or revenue were not considered as eligible for appointment as .....

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

Court : Mumbai

..... sub-section (3) therein states that section 7 of the bombay general clauses act, 1904, shall apply upon the expiry of this act or upon this act or any provision thereof ceasing to be in force in any area, as if it had then been repealed by a maharashtra act. ..... 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. ..... the effect of repeal and saving clauses contained in the repealing act and section 6 of the general clauses act, 1897, which is in pari materia of section 7 of the bombay general clauses act, 1904 came up for consideration before the apex court in the case of qudrat ullah v ..... if the repealing enactment does not contain any saving clause or if the saving clause in the repealing enactment is not applicable, then section 7 of the bombay general clauses act can be ..... (1) if the repealing enactment makes a special provision regarding pending or past transactions, it is this provision that will determine whether the liability arising under the repealed enactment survives or is extinguished ..... 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 .....