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Judgment Search Results Home > Cases Phrase: bombay highways act 1955 maharashtra section 49 prevention of danger arising from obstruction of view etc of persons using any highway Page 1 of about 62 results (0.246 seconds)

Feb 27 2003 (HC)

Smt. Kalyani Devi (Das) Vs. Tarapada Das

Court : Kolkata

Reported in : AIR2003Cal249

..... held that since the expressions 'licensor' and 'licensees' used in section 41 of the act as amended in maharashtra has not been defined in the said statute, the court imported the meaning of the aforesaid words from section 5(4a) of the bombay rent act.10. ..... jurisdiction and of which the annual value at a rack-rent does not exceed two thousand rupees, as the tenant, or by permission, of another person, or of some person through whom such other person claims, and such tenancy or permission has determined or been withdrawn, and such tenant or occupier or any person holding under or by assignment from him (hereinafter called the occupant) refuses to deliver up such property in compliance with a request made to him in this behalf by such other ..... (2) nothing contained in sub-section (1) shall apply to suits or proceedings for 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 municipal corporation act, the bombay housing board act, 1948 or any other law for the time being ..... the view expressed by the learned chief judge, small causes court, calcutta relying on the aforesaid judgment of the bombay high court reported in : air2001bom470 is not correct as the said judgment of the bombay high court is based on maharashtra amendment of the said section 41 which admittedly does not include .....

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Oct 23 2012 (HC)

Vinod Subhas Chavan Vs. Himmatrao Deshbhartar and Others

Court : Mumbai

..... i am subjectively satisfied that you are a habitual bootlegger within the meaning of section 2(b-1) of the maharashtra prevention of dangerous activities of slumlords, bootleggers, [drug-offenders, dangerous persons and video pirates] act, 1981 (no.lv of 1981) (amendment-1996 and 2009). ..... , exports, sells or distributes any liquor, intoxicating drug or other intoxicants in contravention of any provisions of the bombay prohibition act, 1949 (bom.xxv of 1949) and the rules and orders made thereunder, or of any other law for the time being in force or who knowingly spends or applies any money or supplies any animal, vehicle, vessel or other conveyance or any receptacles or any other materials whatsoever in furtherance or support of the doing any of the above-mentioned things by or through any other person, or who abets in any other manner the ..... the order of detention has been passed by the first respondent-commissioner of police, solapur, purportedly with a view to prevent the petitioner from acting in any manner prejudicial to the maintenance of public order and public health. 2. .....

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Oct 17 2003 (HC)

Deshbhakta Ratnappa Kumbhar Panchganga Sahkari Sakhar Karkhana Ltd. Vs ...

Court : Mumbai

Reported in : 2004(2)ALLMR68; 2004(2)MhLj744

..... ble minister while exercising the power under section 138 of the bombay prohibition act, has in fact exercised the power of a civil court deciding the civil disputes between the parties and the learned counsel pointed out certain observations made by the hon'ble minister in his order, which read as under:--'from all the above mentioned facts it is ..... as well as revocation of the power of attorney, the petitioner society was approached by m/s ramraj blenders, who offered to do the needful and commence the business, and in view thereof on 29-1-2000, the managing committee of the petitioner society passed a resolution approving the petitioner-society to sign the conducting agreement with m/s ramraj blenders, kolhapur and appointed m/s ..... even rule 11 and rule 12 of the maharashtra country liquor rules, 1973 were not complied ..... interim relief in terms of prayer clause (c), whereby the respondent, their agents or servants were restrained by this court from preventing the petitioner from carrying on the said liquor business. ..... if any question arises whether any agreement or arrangement is in the nature of sub-lease the decision of the commissioner on such question shall be final and ..... decided to appoint some suitable person to conduct the said business ..... from a bare reading of the above condition, it is clear that except with the written confirmation of the commissioner, the licensee shall not sell, manufacture, transfer or sublet the right of manufacture conferred upon him by this licence etc .....

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Feb 26 2014 (HC)

Organizing Committee Commonwealth Games, 2010 Vs. M/S Nussli (Switzerl ...

Court : Delhi

..... under the agreement, dipl agreed to take off a minimum quantity of 1000 metric tons per day of pfa for a maximum period of 12 months from the commissioning, after which it was required-within a period of 48 months from the effective date, to off take a minimum quantity of 3000 metric tons per day of pfa during the remaining term of the agreement. ..... , as far as ingredient of the prima facie case is concerned, once an arbitral tribunal has found a case in favour of the respondent by a unanimous award, inspite of the constitution aforesaid of the arbitral tribunal, two members whereof were technical persons and the third a retired judge of this court, that is deemed to be sufficient for the purpose of prima facie case. ..... the aspect of charges, if any, incurred by the respondent for extension of the bank guarantee will be considered at the stage of final determination of the captioned petition or if and when a petition under section 34 of the arbitration and conciliation act, 1996, if any, is filed by the petitioner. ..... the observations made by the division bench of the bombay high court have to be viewed in the light of the context in which the same were made. ..... in this case, dipl and the respondent-maharashtra state electricity generation company ltd. ..... the words used by judges in their judgments are not to be read as if they are words in an act of parliament. ..... the words used by judges in their judgments are not to be read as if they are words in an act of parliament. .....

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Aug 07 2007 (HC)

Hawkins Cookers Mazdoor Union Through Its President Kamalapati Tripath ...

Court : Allahabad

Reported in : [2007(115)FLR736]; (2008)ILLJ1089All

..... in tata consulting engineers and associates staff union (supra) the bombay high court held that the employees covered by the settlement under sub-section (i) of section 8 of industrial disputes act, 1947 form an independent class and if certain benefits have been given to this class, no complaint can be made by ..... belonging to the second category has extended application since it is binding on all the parties to the industrial disputes, to all others summoned to appear in the conciliation proceeding and to all persons employed in the establishment, as the case may be, to which the dispute related on the date of the dispute and to all others who joined the establishment thereafter. ..... orders on the settlement, which is now alleged to be signed by 183 out of 232 workmen within a period of six weeks from the date a copy of this order is filed in his office after issuing notice and hearing both the parties in accordance with law ..... suspension and punishment orders against the workmen who had taken part in trade union activities to increase the wages; dearness allowance; house rent allowance; leave travel allowance etc, on which the conciliation officer/assistant labour commissioner, jaunpur submitted a report to the additional labour commissioner, varanasi. ..... the establishment, however, does not take away right of any workman or group of workmen, which may or may not be in majority, to enter into any settlement with the management, which may be binding upon them ..... 1024; maharashtra general .....

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Dec 16 2009 (HC)

Central Warehousing Corporation (a Govt. of India Undertaking) Vs. For ...

Court : Mumbai

Reported in : 2010(1)MhLj658

..... bombay rents, hotel and lodging house rates control act, 1947, the bombay government premises (eviction) act, 1955, the bombay municipal corporation act, the maharashtra housing and area development act, 1976 or any other law for the time being in force, apply.as aforesaid, by virtue of section 18 read with section 19 of the act of 1882, the small causes court could not have entertained any ..... any premises or between a licensor and a licensee relating to the recovery of licence fee or charge and to decide any application made under the act and to deal with any claim or question arising out of the act or any of its provisions, and negatively it excludes the jurisdiction of any other court from entertaining any such suit, proceeding or application or dealing with such claim or question.it will be useful ..... ;(b) suits concerning any act done by or by order of the central government, 2[* * *] or the state government;(c) suits concerning any act ordered or done by any judge or judicial officer in the execution of his office, or by any person in pursuance of any judgment or order of any court or any such judge ..... argument of the respondent that section 40 of the arbitration act, 1940 prevented the small causes court from exercising any jurisdiction over arbitration proceedings and further that ..... under section 41 of the act of 1882 on the ground that the same was barred in view of the provisions of section 8 of the arbitration and conciliation act, 1996 (hereinafter referred to as `the act .....

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Jan 07 2003 (HC)

People for Elimination of Stray Troubles (Pest) by Its Convenor Dr. Ro ...

Court : Mumbai

Reported in : 2003(4)BomCR588

..... danger posed and the menace caused 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 goa municipalities act and other enactments;(2) whether inspite of the aforesaid provisions of sub-section (3) of section 11 of the prevention of cruelty to animals act, 1960 and other acts referred ..... section (4) of section 191-ba also gives power to commissioner to destroy a stray dog and the most important provision is under section 191-c which specifically gives protection to all persons acting in good faith in pursuance of the provisions of section 191-b or section 191-ba from institution of any suit or prosecution against them for whatever is done by them under those acts ..... but when the question arises between suffering of a man or whole lot of human population on one side, and the suffering of animals particularly stray dogs on the other side, then looking to the provisions of the prevention of cruelty to animals act, 1960 and the ..... dogs by using humane methods such as lassoing or by using soft-loop ..... of the prevention of cruelty to animals act, the bombay municipalities act, the maharashtra municipalities act, etc.41. ..... section 9 of the act speaks about the 'functions of the board' and sub-section (b) relates to the giving advice to the central government on making of rules under this act with a view to preventing .....

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Oct 16 2009 (HC)

The State of Maharashtra, Vs. Shri Murarao Malojirao Ghorpade,

Court : Mumbai

Reported in : 2009(6)MhLj788

..... a division bench that there are conflicting decisions of the same court, or there are decisions of other high courts in india which are strongly persuasive and take a different view from the view which prevails in his or their high court, or that a question of law of importance arises in the trial of a case, the judge or the bench passes an order that the papers be placed before the chief justice of the high court with a request ..... of section 3(2) of the bombay act it is patent that the maharashtra legislature was making law in respect of the land held by a person anywhere ..... apply the law declared by this court, but that does not absolve them of the obligation and responsibility to find out the ratio of the decision and ascertain the law, if any, so declared from a careful reading of the decision concerned and only thereafter proceed to apply it appropriately, to the cases before them. ..... it was felt necessary by the framers of the act to provide that the lands taken over from undertakings and the integrity of which is maintained in compact blocks, for ensuring the full and efficient use of the land for agriculture and its efficient management through a corporation or company, the aim was made clear to secure and distribute the agricultural land as best to subserve the ..... goodrich (1955) 2 all er 530 (all er at p.332 h1), where lord denning observed:when the judges of this court give a decision on the interpretation of an act of parliament, the decision itself is binding on them and .....

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Oct 31 1961 (HC)

State of Gujarat Vs. Gordhandas Keshavji Gandhi and ors.

Court : Gujarat

Reported in : AIR1962Guj128; (1962)0GLR269

..... from the act, it is quite clear that the parliament was creating the two new states under clause (a) of article 3 which provides that parliament may, by law, form a new state by separation of territory from any state-section 3 of the act specifies the territories of the state of gujarat and assigns the residuary territories of the state of bombay to the state of ..... decisis'. for example, if the majority view is the correct law, if in the states of kerala, mysore and rajasthan, a point of law arises before a subordinate court that court will be completely at large and will be in a position to decide it on is own view of the matter, untrammelled ..... expression 'law in force' when used in the other sections of the act include all laws, whether statute or non-statute, then, the burden lies heavily on the persons who propound that, the expression is not used in that sense in the present section and, in my judgment ..... . section 4 of the hindu marriage act, 1955, is as follows;-'save as otherwise expressly provided in this act, -- (a) any text, rule or interpretation of hindu law or any custom or usage as part of that law in force immediately before the commencement of this act shall cease to have effect with respect to any matter for which provision is made in this act; (b) any other law in force immediately before the commencement of this act that cease to have effect in so far as if is inconsistent with my of the provisions contained in this ..... not prevent ..... be risky and dangerous .....

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Sep 28 1992 (HC)

Mohammad Daud Alias Mohd. Saleem Vs. Superintendent of District Jail a ...

Court : Allahabad

Reported in : 1993CriLJ1358

..... view of the fact that there was no order at all of remand by the competent court to custody of the central prison nasik, the transfer of the petitioner from bombay prison to the central prison nasik was without jurisdiction no remand at all to custody having been ordered after 20-10-1990 the detention of the petitioner was without any valid authority of law, the act of the superintendent central prison nasik of transferred the petitioner to moradabad despite the prohibition contained in section ..... case having occurred in greater bombay, within the territories of the state of maharashtra, this court has no jurisdiction to adjudicate upon its validity or otherwise, or to order the release of the petitioner from detention, or prevent his transfer to the central prison nasik which is being made ..... (1992 cri lj 2768) laying down that where a person is arrested and produced before the nearest magistrate as required under section 167(1) or forwarded under section 167(2) of the code can be remanded to police custody only during the first period of 15 days and not after expiry of the said period, but if there are any special amendments enlarging the periods of detention, different considerations may arise on the basis of the language employed in those amendments ..... for a specific period coinciding with the adjourned date of hearing, and either a printed form of warrant is used or in case it is not available, the typed or cyclostyled copy used is the exact reproduction of the same in both sides.69 .....

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