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Smt. Kalyani Devi (Das) Vs. Tarapada Das

Court : Kolkata

Reported in : AIR2003Cal249

..... (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 in force ..... or of some person through whom such other person claims, and such tenancy or permission has determined or been withdrawn, and such tenant or occupier or any person holding under or by assignment from him (hereinafter called the occupant) refuses to deliver up such property in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 person, such other person (hereinafter called the applicant) may apply to the small cause court for a summons ..... further 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. ..... 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 the gratuitous licence. .....

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

Court : Mumbai

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

..... concerned with compliance of provisions of the bombay prohibition act, 1949 and the provisions under maharashtra country liquor rules, 1973 while exercising the power of revision under the said section. ..... 1 the hon'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 ..... 1, while exercising the power of revision under section 138 of the bombay prohibition act, 1949 could not resolve civil disputes between two private parties and ..... , it would be relevant to quote section 138 of the bombay prohibition act, 1949, which reads as under :--'138 ..... have the power or authority in law at all to exercise his jurisdiction under section 138 of the bombay prohibition act, 1949 to pass such an order. ..... cl-i licence and the third respondent had threatened to take action under section 54(1)(c) of the bombay prohibition act, 1949 against the petitioner. ..... on the issue that the state government did not have the authority at all to exercise it's power under section 138 of the bombay prohibition act, 1949, mrs. ..... of the learned counsel for the petitioner is that the preliminary requirement for the state government to exercise it's jurisdiction of any revisional power under section 138 of the bombay prohibition act, 1949 is only when there is an order passed by any authority under the act. .....

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

Court : Delhi

..... the division bench, the submission of the respondent/appellant was that a petition under section 9 of the act was not maintainable at the instance of the petitioner herein, against whom the award ..... dipl and the respondent-maharashtra state electricity generation company ..... it is clear from a reading of the judgment of the division bench of the bombay high court in dirk (supra) that the division bench did not have in its contemplation, a situation like the present where the respondent is a foreign corporation with absolutely no assets ..... thus, the reliance placed on the judgment of the bombay high court in dirk (supra) by counsel for the respondent ..... in my view, the judgment of the division bench of the bombay high court in dirk (supra), cannot be relied upon by the respondent for the reason that the said judgment was rendered in an ..... the reasoning adopted by the division bench of the bombay high court as found in paragraphs 11 to 13 of the judgment which ..... the observations made by the division bench of the bombay high court have to be viewed in the light of the context in which ..... he submits that the judgment of the bombay high court in dirk (supra) was rendered in its ..... was placed on a decision of division bench of the bombay high court in dirk india pvt. ..... the division bench of the bombay high court was dealing with a case where dipl was seeking an interim measure for continuing to perform the contractthough in a truncated manner, even after the termination of the agreement had been held .....

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 the members of the ..... an individual workman may raise industrial dispute, which may after the conciliation or arbitration, as the case may be, referred by the state government under section 4-k of the act to labour court in respect of the matters specified in first schedule and to tribunal for adjudication in respect of the matters specified in first schedule ..... if, however, a settlement has been arrived at under sub-section (3) of section 18 of the id act 1947, in the course of conciliation proceedings under the act, or an arbitration award, where a notification has been issued under sub-section (3-a) of section 10a or an award of a labour court, tribunal or national tribunal which has become enforceable is binding on all the parties to ..... was finally negotiated and agreed between the eight elected representatives of the workmen and authorised representatives of the management on 28.4.2005 and a memorandum of settlement was singed in accordance with section 6-b(1) of the act providing for settlements outside conciliation proceedings to be effective for three years from 1.1 1.2004 to 3 1.10.2007. ..... (98) flr 1024; maharashtra general kamgar union ..... in maharashtra general kamgar .....

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

Court : Mumbai

Reported in : 2010(1)MhLj658

..... 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 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 suit for the ..... 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 person,such other person (hereinafter called the applicant) may apply to the small cause court for ..... even in respect of bombay municipal corporation act and the maharashtra housing and area development act, the claim of possession of any immovable property or of licence fee thereof would be by the special landlord/licensor against the occupant who may be in possession of such premises as tenant or ..... the owner- mumbai port trust threatened the petitioners to initiate proceedings under the public premises (eviction of unauthorised occupants) act, 1971 and later on enhanced the rent and made a demand for increase in the rate with retrospective effect from the petitioners .....

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

Court : Mumbai

Reported in : 2003(4)BomCR588

..... of the problem, the 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 to above, the killing of the stray dogs has to be totally prohibited. ..... therefore, considering all the issues involved, the seriousness of the problem of stray dogs, the provisions of prevention of cruelty to animals act, the goa municipalities act, the bombay municipalities act, and the maharashtra municipalities act quoted above and the scope and the object of the aforesaid enactments, this is a fit case for referring the matter to larger bench so that the larger bench can decide whether in the circumstances ..... and seriousness of the problem and the danger posed and menace caused by the stray dogs requires to be checked by resorting to the provisions of sub-section (3) of section 11 of the prevention of cruelty to animals act .....

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

Court : Mumbai

Reported in : 2009(6)MhLj788

..... on the plain reading 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 in india. ..... with the consent of the learned counsel on either side, we have reframed the questions as below:(1) whether the scheme of section 3(1), (2) and (3) read with section 4(1) as well as section 6 of the maharashtra agricultural lands (ceiling on holdings) act, 1961, is extraterritorial in operation? ..... while interpreting section 3(1) of the maharashtra agricultural lands (ceiling on holdings) act (for short, hereinafter referred to as `the ceiling act'), the full bench has opined that state of maharashtra did not have legislative competence to decide about the holdings of a person in areas other than the state of maharashtra. ..... he observed that the judgment of the full bench of the gujarat high court had 'no existence in law', for in the absence of a provision in the constitution and the charter act of 1861 a judge of a high court had no power to refer a case to a full bench for determination of a question of law arising before him, and a decision given on a reference 'had no existence n law'. ..... 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 their successors: see cull v. ..... wakeling (1955) 1 all er 708. .....

State of Gujarat Vs. Gordhandas Keshavji Gandhi and ors.

Court : Gujarat

Reported in : AIR1962Guj128; (1962)0GLR269

..... . 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 act' ..... 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 maharashtra. ..... . it was contended by the learned advocate general relying on the decision of the full bench of the andhra pradesh high court in (s) air 1955 andhra 87 (fb) (supra), that the high court of bombay prior to the appointed day was a court of cc-ordinate jurisdiction with this high court and that the decisions given by the high court of bombay prior to the appointed day were, therefore, binding on this high court on the well-known and well-established .....

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

Court : Allahabad

Reported in : 1993CriLJ1358

..... state of maharashtra, air 1968 bombay 273 : (1968 cri lj 903) laying down that the position under section 96, bombay police act, 1951 is different that the general law under section 167, cr. p.c. ..... there being no specific provision in the criminal procedure code to the contrary, the provisions of section 96(i)(ii) of the said act would govern grant of remand in greater bombay and police remand from time to time may be granted but not exceeding 15 days at a time.34. ..... act being a central law and a special act, the provisions of section 36a will have overriding effect and section 96, bombay police act, 1951 would stand abrogated, meaning thereby, police remand could be granted under the provisions of section 167(2), cr. p.c. ..... act, the orders remanding him to custody were passed by the competent courts at bombay, charge-sheet was submitted and cognizance of the offence was also taken by the special judge city sessions court greater bombay and the petitioner was detained in custody first at bombay prison, and thereafter at the central prison nasik, all within the state of maharashtra. ..... the reference to the term presidency magistrate in the bombay police act has to be construed as reference to the metropolitan magistrate as per section 3 of the code of criminal procedure. ..... by the bombay police act applicable to the state of maharashtra. ..... as modified by section 96 of the bombay police act, 1951 applicable to the greater bombay have been implanted under the n.d.p.s. .....

T.Subbulakshmi Vs. Commissioner of Police

Court : Chennai

..... 26.similar issue has been dealt with by the bombay high court in the judgment reported in 2008 crl.l.j.148 [dr.shashikant d.karnik versus state of maharashtra].and the relevant portions in the said judgment are as as follows:- so far as requirement under section 102(1) is concerned, it is obligatory upon the police to show that the property which they want to attach or attaching is under circumstances which create suspicion of the commission of any offence...............second requirement of section 102(2) of cr.p.c. ..... seizing the account or attaching the account subordinate to the officer in charge of the police station has to forthwith report the seizure of attachment to his superior i.e, to the officer in charge of the police station.............third requirement of sub-section (3) of section 102, lays down a mandate that every police officer acting under sub-section (1) shall forthwith report the seizure or attachment of accounts to the magistrate having jurisdiction. ..... in this regard, the learned senior counsel appearing for the petitioners has drawn the attention of this court to sub-clause 3 to section 102 of cr.p.c.and submitted that every police officer acting under sub-section (1) to section 102, shall forthwith report the seizure to the magistrate having jurisdiction and that in the instant case, though the bank accounts of the petitioners were freezed on the written request dated 27.9.2012 made by the .....