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Padmaja Arun Pande and Others Vs. State of Maharashtra, through its Se ...

Court : Mumbai Nagpur

..... in exercise of the powers conferred by sections 3, 4 and 6 of the bombay highways act, 1955 (bom. ..... in short, it is contended that the acquisition ought to have been under the provisions of the maharashtra highways act, 1955 ('state act' for short). 4. ..... of 1955), the government of maharashtra, hereby (i) declares the roads specified in column 2 of schedule i appended here (more particularly described in column 3 of the said schedule i) to be highways; and classifies the said highways as state highways to be known the names respectively specified against them in column 4 of the said schedule i; (ii) appoints the executive engineers mentioned in column 5 of said schedule i to be highway authorities for the purposes of the said a for the highways so declared and more particularly described against the in column 3 of the said schedule i; and (iii) appoints the officers ..... and servants specified in column 3 of schedule appended hereto to work under the .....

Regional Director, Employees State Insurance Corporation Vs. Tulsiani ...

Court : Mumbai

Reported in : 2008(2)ALLMR146; 2008(2)BomCR226; [2008(116)FLR656]; (2008)IILLJ239Bom; 2008(1)MhLj178

..... respondents/societies are as under:(1) the respondents are a co-operative society incorporated and registered under the maharashtra co-operative societies act, 1960 (hereinafter referred to as 'the societies act') and have their registered office as shown in the cause title at the above address. ..... co-operative society incorporated and registered under the maharashtra co-operative societies act, 1960 having its registered office at tulsiani chambers, 212, nariman point, bombay 400 021.2. ..... judgment and order dated 20-1-2006 the appellant corporation has approached this hon'ble court by filing the present first appeal under section 82 of the esi act praying for quashing and setting aside the said judgment and order dated 20-1-2006 passed by the employees' insurance court at mumbai in application (esi) ..... notification, exhibit 'a' issued by the urban development public health department, mantralaya, bombay under section 1(5) of the employees state insurance act, 1948 (esi act) dated 18th september, 1978, wherein the central government with effect from 12-11-1978 has extended all the provisions of the esi act to the establishments, mentioned in column '1' and the area specified in column '2' of the schedule. ..... day of the preceding twelve months, namely,i) hotels;ii) restaurants;iii) shop;iv) cinemas, including preview theatres, and newspaper establishments as defined in section (2)(d) of the working journalists (condition of service) and miscellaneous provisions act, 1955 (45 of 1955).25. .....

Lilabai (Smt.) Widow of Rasiklal Waghele and ors. Vs. Keshaorao Son of ...

Court : Mumbai

Reported in : 1986(3)BomCR134; 1986MhLJ207

..... the recovery of possession of any immovable property or of licence fee or charges or rent thereof, to which the provisions of the bombay rents, hotel and lodging house rates control act, 1947, the bombay government premises (eviction) act, 1955, the bombay provincial municipal corporations act, 1949 or the maharashtra housing and area development act, 1976, or any other law for the time being in force, apply.26-a: appeal : (1) an appeal shall lie, from a ..... to indicate that the provisions of section 26 cannot be regarded as a continuation of the jurisdiction, however limited, which the court of small causes had under items 4 and 8 of the second schedule, but the object was to create a larger jurisdiction for entertaining the suits and proceedings which till the amendment could not be entertained by the court of small causes and make the orders and ..... shri ahmed, learned advocate for the applicants urged that after deletion of items 4 and 8 from the second schedule, the only provision which would apply to the suits to which items 4 and 8 formerly applied would be the newly added section 26 of the act in view of the non-obstante clause and there would be no other provision under which cognizance of such suits could be taken by ..... nature of which the value does not exceed two thousand rupees shall be cognizable by a court of small causes mentioned in the order'.the relevant items of the second schedule which have bearing upon the suits for arrears of rent and ejectment are item nos. .....

Suhash S/O. Vishwanath Kolapkar Vs. the Assistant Collector and the Ch ...

Court : Mumbai

Reported in : (2008)110BOMLR2491; 2009(2)MhLj50

..... act, 1955, and the rules made thereunder, from time to time, shall apply mutatis mutandis, to municipal premises in those areas as it applies to government premiss, subject to the modifications mentioned in schedule i ..... the rules made thereunder, from time to time, shall, with effect from 12th march 2007, mutatis mutandis, apply to the municipal premises situated in the state of maharashtra (excluding the areas to which it has been so applied), as it applies in government premises, subject to the modifications mentioned in schedule i-a appended to the said act.14. ..... provisions of section 100a of the maharashtra municipal councils, nagar panchayats and industrial townships act 1965 read:100a.with effect from such date and in such municipal areas as the state government may, by notification in the official gazette, specify, the bombay government premises (eviction. ..... the government of maharashtra specifies that the bombay government premises ( ..... two paragraphs of the notification read as under:and whereas, the government of maharashtra considers it expedient to provide that the eviction act and rules made thereunder shall, mutatis mutandis, apply to the other municipal premises, for which it has not been so applied.now, therefore, in exercise of the powers conferred by section 100a of the maharashtra municipal councils, nagar panchayats and industrial townships act, 1965 (mah. ..... the government of maharashtra issued a notification on 28th february 2007, copy of which is placed on record of .....

Shriram Haribhau Mankar Vs. Madhusudan Atmaram Vairale

Court : Mumbai

Reported in : AIR1968Bom219; (1967)69BOMLR871; 1967MhLJ954

..... the governor and both the houses of legislature namely, legislative assembly and the legislative council, article 3 of the constitution underwent a vital change when it was amended by the constitution (fifth amendment) act, 1955, and the amended article empowered the parliament by law to form a new state by separation of territory from any state or by uniting two or more states or parts of states or by uniting ..... disqualified for being chosen as, and for being, a member of the legislative assembly or legislative council of a state- (a) if he holds any office or profit under the government of india or the government of any state specified in the first schedule, other than an office declared by the legislature of the state by law not to disqualify its holders: (b) if he is of unsound mind and stands so declared by a competent court; (c) if he is an undischarged insolvent; (d) if ..... of any state, and under article 4 of the constitution any law referred to in article 2 or article 3 shall contain such provisions for the amendment of the first schedule and the fourth schedule as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions as the parliament may deem necessary. ..... the power of adaptation under section 88 of the bombay reorganisation act, the argument runs, the law as adopted cannot be construed to be a legislation by the state of maharashtra, and therefore is ineffective to the extent it gives .....

Dilip Bidesh and ors. Vs. Shivgopal Madangopal Chaurasia and ors.

Court : Mumbai

Reported in : 2005(4)ALLMR463; 2005(6)BomCR207; 2005(4)MhLj967

..... (2) nothing contained in sub-section (1) shall apply to suits or proceedings for recovery of possession of any immovable property or of license fee or charges or rent thereof, to which the provisions of the bombay rents, hotel and lodging house rates control act, 1947, the bombay government premises (eviction) act, 1955, the bombay provincial municipal corporations act, 1949 or the maharashtra housing & area development act, 1976, or any other law for the time being in force, apply.26-a. ..... by court of small causes under this chapter and pending in district court or the court of any civil judge on the date of coming into force of the provincial small causes courts and presidency small causes courts (maharashtra amendment) act, 1984, shall be continued and disposed of by the district court or the court of civil judge, as the case may be, as if this chapter had not been enacted.in the background, it is also necessary to look into section ..... ), reported at : 1986(3)bomcr134 , the learned single judge of this court has considered the position in the light of 1984 amendment of provincial act and has found that provisions of section 26 cannot be regarded as continuation of the jurisdiction, however limited, which the court of small causes had under items 4 and 8 of the second schedule, but the object was to create a larger jurisdiction for entertaining the suits and proceedings which till the amendment could ..... amendment of second schedule to the code of civil procedure. .....

A.S. Mohammed Shareef and ors. Vs. Central Bank of India

Court : DRAT Madras

Reported in : III(2006)BC217

..... amount of pendente lite interest decreed is not to be included in the 'amount or value of the subject matter in dispute in appeal' for the purposes of article i of schedule i of the act unless the appellant specifically challenges the correctness of the decree for the amount of interest pendente lite independently of the claim to set aside that decree. ..... the determination was, "whether the amount of interest decreed for the period subsequent to the institution of a suit comes within the expression 'amount or value of the subject matter in dispute' in article i of schedule i of the bombay court fees act, 1959". ..... the contention of the learned advocate for the petitioners/appellants that there is no such corresponding provision in the drt act, which mandates the petitioners to include the interest also along with the decree amount at the time of filing the ..... course of the judgment, their lordships of the hon'ble supreme court have observed that "the act is a taxing statute and its provisions therefore have to be construed strictly, in favour of the ..... governed by the tamil nadu court fees and suits valuation act, 1955 (act 14 of 1955). ..... appellants have not produced the bombay court fees act for reference. ..... submission, he relied upon the decision rendered by the hon'ble supreme court, in the case of state of maharashtra v. ..... the term debt is defined under section 2(g) of the act, which states," 'debt' means any liability (inclusive of interest) which is claimed as due from any person by a bank .....

Shri Vasant Bhaskar Parulkar and ors. Vs. Shri Mahesh Shivram Rege

Court : Mumbai

Reported in : 2007(4)ALLMR446; 2007(4)BomCR39; 2007(5)MhLj674

..... mentioned above and without going into the question as to whether the assignment of a tenancy by shivram in favour of the trust made on 28th of march 1955 by a deed of declaration / trust (at exhibit p40) was regularized by reason of any notification under section 15 of the bombay rent act and without considering the question whether the notifications could not have a retrospective effect as held by the learned single judge, we hold that the prohibition against ..... thus notwithstanding anything contained in section 108 of the transfer of property act , so far as the areas of the state of maharashtra, to which bombay rent act is applicable are concerned, a tenant is not entitled to assign or transfer ..... on 28th march 1955, by a deed of declaration dated 28th march 1955, (exhibit p40) registered in the office of the sub registrar of assurances shivram unconditionally, unreservedly and without any consideration transferred and relinquished of his claim and interest in the properties mentioned in the schedules a and b to the said declaration ..... trust, and also unconditionally, unreservedly and without any consideration transferred upon himself , nilkant balkrishan rangnekar and vishram purshottam sabnis , as trustees of the trust, all the properties mentioned in schedule a and schedule b of the said deed of declaration. ..... the property at serial no.2 of schedule a of the said deed of declaration is the property consisting of tenancy rights in the suit flat and two flats on the ground .....

Traub India Private Ltd. Vs. the State of Maharashtra

Court : Mumbai

Reported in : [1976]37STC258(Bom)

..... that this reference under section 61(1) of the said act has been made to us at the instance of the applicants, and the following question referred to us, namely : 'whether on the facts and in the circumstances of the case and in view of the various entries in schedule c to the bombay sales tax act, 1959, from time to time, the tribunal was justified in holding that the goods sold by the applicant were covered by entry 20 in schedule c to the bombay sales tax act, 1959 ? ..... the supreme court held that the terms used in an entry in a schedule to a sales tax act must be construed not in any technical sense but as understood in common ..... 1966 the applicants made an application to the commissioner of sales tax under section 52(1)(e) of the bombay sales tax act, 1959, to determine what tax was payable in respect of the said transaction of sale. ..... schedule e to the bombay sales tax act ..... in this case the supreme court held that while interpreting entries in statutes like the sales tax acts, resort should be had not to the scientific or technical meaning of such terms but to their popular meaning or the meaning attached to them by those dealing in them, that is to say, to their ..... of maharashtra - decided on august 20, 1973, the tribunal held that the lathes which could only be operated with the help of electric energy sold by the applicants fell not under entry 20 of schedule c but under entry 22 of schedule e to the said act. ..... madras (1955) 6 ..... madras, (1955) 6 ..... madras, (1955) 6 ..... madras, 1955 6 .....

Aphali Pharmaceuticals Ltd. Vs. State of Maharashtra and ors.

Court : Supreme Court of India

Reported in : AIR1989SC2227

..... under the provisions of the medicinal and toilet preparations (excise duties) act, 1955, hereinafter referred to as 'the act', which came into force on 1st april, 1957, excise duties were levied on medicinal and toilet preparations specified in the schedule to the act, hereinafter referred to as 'the schedule'. ..... in purported pursuance of the said explanation and/or upon the basis thereof, a circular dated may 31, 1962 was issued by the then director of prohibition and central excise, government of maharashtra, bombay which, inter alia, directed that the medicinal preparations containing self-generated alcohol but not capable of being consumed as alcoholic beverage were to be treated as products falling under item 1 and not item 3 of the schedule. ..... the director of prohibition and excise, for maharashtra state, bombay, thereafter issued the circular dated 31-5-1962 (ext. 44). ..... this plaintiff's appeal by special leave is from the appellate judgment and decree of the high court of judicature at, bombay reversing those of the trial court and dismissing plaintiff's special suit.2. ..... the appellant is a limited company registered under the companies act having its registered office situate at ahmednagar within the state of maharashtra. ..... state of maharashtra, (supra) this court said that legislature has different ways of expressing itself and in the last analysis the words used alone are repository of legislative intent and that if necessary an explanation must be construed according to .....