Judgment Search Results Home > Cases Phrase: bombay highways act 1955 maharashtra section 57 unauthorized occupation of highway Page 2 of about 622 results (0.098 seconds)

Punnakatu Chery Joseph Thankappan Vs. Pyarali Hirji Hamid

Court : Mumbai

Reported in : 2005(2)ALLMR11; 2005(2)BomCR786

..... he contended that protection to unauthorized sub-tenancy was further extended by maharashtra act 18/1987 and sub sub-tenants who were in possession on 1st february 1973 were also ..... upon consideration of the oral and documentary evidence led and produced by both sides, by a judgment and decree dated 25.2.1986, the learned judge of the city civil court, bombay, was pleased to decree the plaintiff's suit and direct the defendant to deliver vacant and peaceful possession of the suit premises and to pay to the plaintiff an amount of ..... absence of such pleading or evidence on record, it will not be possible to hold that defendant was a sub-tenant of ramswamy and thus, the protection afforded under section 15 of the bombay rent act, as amended from time to time, would enure to the benefit of the defendant.7. ..... this, the learned counsel appearing for the plaintiff submitted that the basic requirement for protection under the bombay act was that the person in occupation must be a sub-tenant. ..... 1171.80 as and by way of compensation to the plaintiff for unauthorized use and occupation of the suit premises from 7.8.1960, till the date of filing of ..... he submitted that he came to reside in the suit premises in the year 1955 and later on the original tenant left the suit premises for good, leaving the same in his exclusive possession ..... admitted that his possession of the suit premises in the year 1955 was as a boarder, who was paying for his food ..... was putting up with his friend shri pillai till 1955. .....

Vinayak Alias Janardan Todankar Vs. Murlidhar Ramchandra Kowli and ors ...

Court : Mumbai

Reported in : 1990(1)BomCR486

..... provided the mode of service of summons, a new section 42-a (section 42-a (1) if in any application pending in the small cause court immediately before the date of the commencement of the presidency small cause courts (maharashtra amendment) act, 1963, or made to it on or after such date, the occupant appears at the time appointed and claims that he is a tenant of the applicant within the meaning of the bombay rents, hotel and lodging house rates control act, 1947 and in consequence whereof he is entitled to the protection of that ..... act, and if such claim is not admitted by the applicant, then notwithstanding anything contained in that ..... there is thus no doubt that the 'tenant of the applicant' means tenant of the applicant either by contract or tenant within the meaning of the bombay rents, hotel and lodging house rates control act.section 41 stipulates that the respondent to the applications must be a tenant, licensee or a person in occupation through licensee or a tenant and that such license or tenancy must have been determined. .....

Jaisingh Morarji and ors. Vs. Sovani Pvt. Ltd. and ors.

Court : Supreme Court of India

Reported in : AIR1973SC772; (1973)1SCC197; [1973]2SCR603; 1973(5)LC473(SC)

..... whole or any part of the premises and against the assignment or transfer in any other manner of the interest of the tenant therein, contained in sub-section (i), shall, subject to the provisions of sub-section (2), be deemed to have had, no effect before the commencement of the bombay rents, hotel and lodging house rates control (amendment) ordinance 1959 on 21 may 1959 in any area in which this act or the provisions were in operation before the commencement. ..... there were other notifications under the proviso to section 15(1) where by the government of bombay permitted in all areas to which part ii of the act extends several types of transfers and assignments by lessees of their interests in leasehold premises as, and to ..... section 15(1) of the act is as follows :notwithstanding anything contained in any law, but subject to any contract to the contrary, it shall not be lawful after the coming into operation of this act for any tenant to sub-let the whole or any part of the premises let to him or to assign or transfer in any other manner his interest therein.the present sub-section (1) was numbered as sub-section (i) by bombay ..... case that a person seeking to claim protection by the provisions contained in the notification issued under the proviso to section 15(1) of the act must establish that his transferor was a lessee of the premises transferred or assigned. ..... been substituted on 21 may, 1959 for the original by maharashtra act no. ..... maharashtra act ..... the act by the maharashtra act no .....

Shriram Haribhau Mankar Vs. Madhusudan Atmaram Vairale

Court : Mumbai

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

..... the adaptation made being by the government in exercise of 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 protection to a deputy minister. ..... of the constitution consists of 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 any territory to a part of any state, and under ..... 48 of 1956), by making suitable adaptations, and in particular, in sections 12 and 13 of the original act, and for the words 'bombay legislative assembly' and 'bombay legislative assembly' the words 'maharashtra legislative council' were substituted. ..... when the state of maharashtra came to be formed under the second states reorganisation act empowered the government under section 88 by order to make such adaptations and modifications of any law for facilitating the application of such law in relation to the state of maharashtra, and the power of adaptation is extended even to the making of a repeal or amendment of the law as may be necessary or expedient. .....

Suraj Vs. State of Maharashtra and Others

Court : Mumbai Aurangabad

..... state of gujrath (1973) (14 glr 384), the full bench of the gujrath high court has concluded that, the order passed under section 56 and the preventive action taken by taking recourse to provisions of the maharashtra police act, 1951 under the relevant part of maharashtra police act, 1951 is in exercise of administrative powers by the authority, as it is observed, where an administrative power is exercised by the statutory authority and exercise of such power involves civil consequences ..... consequence thereof is that, the writ petition challenging the order passed by the state government under section 60 of the maharashtra police act does not fall within the prescription of 'order' under explanation to rule 18 of chapter xvii of the bombay high court appellate side rules and as such is not covered by clause 23 of chapter ..... consideration is, as to "whether the order passed by the state government, in exercise of powers conferred under section 60 of the maharashtra police act, 1951, confirming the order passed by the externing authority under section 56 and 57 of the maharashtra police act, 1951 can be construed as an 'order' within the contemplation of explanation to rule 18 of chapter xvii of the bombay high court appellate side rules, 1960". 2. ..... the honourable supreme court considered the scheme of sections 56 to 61 of the bombay police act, (now the maharashtra police act) in the matter of hari gavali versus deputy commissioner of police (1956 cri lj 1104) and bhagubai .....

Lalji Haridas Vs. State of Maharashtra and anr.

Court : Supreme Court of India

Reported in : AIR1964SC1154; (1964)66BOMLR460; 1964CriLJ249; [1964]52ITR423(SC); 1965MHLJ21(SC); [1964]6SCR700

..... boards of revenue, customs authorities, motor vehicles authorities, income-tax and sales tax officers are illustrations prima facie of such administrative authorities, who though under a duty to act judicially, either by the express provisions of the statutes constituting them or by the rules framed thereunder or by the implication either of the statutes or the powers conferred upon them are ..... 14 of 1947), the position is similar to that in the case of the workmen's compensation act; section 11(4) confers on the authorities therein specified powers as are vested in a civil court in respect ..... of the indian penal code, it would not have been -necessary for parliament in the evacuee property act, 1950, in the evacuee interest (separation) act, 1950, and in the displaced persons' (compensation and rehabilitation) act, 1954, to add, after laying down that the proceedings before certain authorities shall be judicial proceedings ..... 3 7 runs thus :- "the income-tax officer, appellate assistant commissioner and appellate tribunal shall, for the purposes of this act, have the same powers as are vested in a court under the code of civil procedure, 1908 (5 of 1908) when trying a suit in respect of the following matters, ..... on november 24, 1949, the appellant filed a complaint in the court of the presidency magistrate, bombay, alleging that when the respondent mulji manilal kamdar was examined on commission by the income-tax officer, jamnagar circle, jamnagar, he gave answers ..... of maharashtra was .....

Commercial Taxes Officer Vs. Foreign Import and Export Association

Court : Rajasthan

Reported in : [1988]70STC295(Raj)

..... which has been now made is contained in para 7, which reads as under :whether, under the facts and circumstances of the case, the board of revenue was justified in setting aside the penalty imposed under section 10a for contravening the provisions of section 10(d) of the central sales tax act, 1956 although the goods were not used for declared purpose for which it was purchased in accordance with the provisions of section 8(3)(b) of the central sales tax ..... the high court held the words for use by him in section 8(3)(b) of the central act govern all the remaining words of the phrase, viz. ..... the bombay high court held in that case that utilising the materials purchased in form c for processing cotton fabrics belonging to others and not to the applicants would not amount to failure to make use of goods for the purpose mentioned in form c, inasmuch as what was required by section 8(3)(b) was not the sale by the purchasing dealer himself but the use by the purchasing dealer himself of goods purchased in the manufacture or processing goods, which manufactured ..... state of maharashtra [1977] 40 stc 1. ..... this view was also followed by the bombay high court in empire dyeing & manufacturing company v. ..... -66, 1966-67, 1967-68, 1968-69, 1969-70, the assessee purchased dyes in the course of inter-state trade and commerce on furnishing declarations in form c on payment of central sales tax on these purchases at the rate provided under clause (b) of sub-section (1) of section 8 of the central act. .....

Dnyan Mandir Shikshan Prasarak Sabha and the Secretary, Dnyan Mandir S ...

Court : Mumbai

Reported in : 2005(1)ALLMR103; 2004(6)BomCR166; 2004(4)MhLj92

..... of possession of any immovable properly, or of licence fee or charges different 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 applies.maharashtra amendmentin its application to the state of maharashtra, in section 41,(1) in sub-section (1), the words 'or in any other law for the time being in force' shall be deleted;(2) in sub ..... -section (2), for the words and figures 'the bombay housing board act, 1948 or any other law for the ..... 2 has put the plaintiffs in possession of the said premises on payment of occupation charges in the sum of rs. ..... the occupation charges have been paid by the plaintiffs to defendant no. ..... they claimed to have all the rent receipts in their possession evidencing payment of occupation charges. .....

Kunal R. Chaudhari Vs. Purshottam B. Todi and Another

Court : Supreme Court of India

Reported in : AIR1997SC2033; 1997(3)ALLMR(SC)224; JT1997(3)SC555; 1997(2)SCALE611; (1997)9SCC229; [1997]2SCR970; 1997(1)LC727(SC)

..... the maharashtra ordinance relied upon by the applicant amends three enactments namely, bombay rent act, bombay land requisition act and bombay government premises (eviction) act, 1955. ..... sub-section (8) read thus : (8) on the date of coming into force of the bombay rents, hotel and lodging house rates control, bombay land requisition and bombay government premises (eviction) (amendment) ordinance, 1996, all the premises requisitioned or continued under requisition under this act and allotted to government allottees who, on the said date were allowed by the state government to continue or to remain in occupation or possession or such premises, shall be deemed to have been released from requisition, and in respect ..... of such premises the state government, or as the case may be, the government allottees referred to in clause (b) of the explanation, shall become the tenants by virtue of the provisions of section 15b of the bombay rents, hotel and lodging house rates control act, 1947 and the compensation, if any, due in respect of such premises .....

Jamshed N. Guzdar Vs. State of Maharashtra

Court : Mumbai

Reported in : AIR1992Bom435; 1992(3)BomCR494; (1992)94BOMLR984

..... be further mentioned that from this decision in narottamdas's case (supra) it is clear that special jurisdiction was referable to entry 53 in list i, entry 2 in list ii and entry 15 in list iii of viith schedule of government of india act, 1935 for two reasons : firstly, said entries were with respect to specific matters in the respective lists and, therefore, it was construed to be dealing with special jurisdiction, whereas entry 1 in list ii did not deal with ..... , who is the chairman of airfreight limited and claims to be the director of 14 other public companies espousing the cause of litigants in greater bombay, by way of public interest litigation has filed this writ petition under article 226 of the constitution of india challenging the constitutional validity of the bombay city civil court and bombay court of small causes (enhancement of pecuniary jurisdic-tion and amendment) act, 1986 (maharashtra act no. ..... as compliance of the high court recommendations providing infrastructure for city civil court is concerned, the learned advocate general relying upon the affidavit in reply filed on behalf of the state of maharashtra urged that this issue raises several disputed questions of facts and this court in writ jurisdiction cannot go into these questions. ..... of india act, 1935; and (2) whether section 4 of the act was void as it purported to delegate to the provincial government legislative authority in the matter of investing the city civil court with extended jurisdiction .....