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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 ..... i am of the view that the learned chief judge, small causes court at calcutta had and has jurisdiction to entertain the application filed on behalf of the plaintiff/petitioner herein and the application filed by the petitioner before the small causes court at calcutta under section 41 should be held as maintainable.12. ..... 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. ..... so far as the maintainability of the application under section 41 before the small causes court, i find that the learned chief judge failed to appreciate the provision of the said section 41 as applicable in the state of ..... judge of the court below framed the issues for deciding the suit which include the issue relating to maintainability of the proceeding before the small causes court at calcutta. .....

Vinod Subhas Chavan Vs. Himmatrao Deshbhartar and Others

Court : Mumbai

..... writ petition under article 226 of the constitution of india, the petitioner is seeking a writ of habeas corpus praying for quashing and setting aside the order passed under sub-section (1) of section 3 of the the maharashtra prevention of dangerous activities of slumlords, bootleggers, [drug-offenders, dangerous persons and video pirates] act, 1981 (hereinafter referred to as "the said act"). ..... however, the term "bootlegger" is defined in clause (b) of section 2 of the said act which reads thus:- "2(b) "bootlegger" means a person, who distils, manufactures, stores, transports, imports, 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 ..... that the detaining authority has relied upon a proceeding of preventive action under section 93 of the bombay prohibition act, 1949 and a non-cognizable offence punishable under section 323, 504 and 506 read with section 34 of the indian penal code. ..... submitted that for recording the subjective satisfaction that the petitioner is a habitual bootlegger, filing of charge sheets for the offence under the bombay prohibition act, 1949 is more than sufficient and it is not necessary that the subjective satisfaction should be recorded only on the basis of the report of the chemical analyzer. .....

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

Court : Mumbai

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

..... 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 order, which read as under:--'from all the above mentioned facts it is proved that the ..... of revision under section 138 of the bombay prohibition act, 1949 could not resolve civil disputes between two private parties and the respondent no ..... and the said power is not with the state government and obviously the said power cannot be exercised by resorting to section 138 of the bombay prohibition act ..... cl-i licence and the third respondent had threatened to take action under section 54(1)(c) of the bombay prohibition act, 1949 ..... exercised such a power of revision, when there was no order passed in the above matter, which could be scrutinized and examined by the state government, exercising it's revisional power under section 138 of the bombay prohibition act, 1949.32. ..... assistant government pleader is that, as the show cause notice was issued to the petitioner for cancellation of licence, the hon'ble minister exercising the revisional jurisdiction could interfere and exercise the power under section 138 of the bombay prohibition act. .....

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

Court : Delhi

..... , in that context, held that dipl could not maintain a petition under section 9 of the act as the award was not in favour of dipl, and dipl could not seek enforcement of the award. ..... 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 had been ..... a petition under section 9 would be maintainable after the passing of an arbitral award at the behest of dipl whose claim has been rejected would result in a perversion of the object and purpose underlying section 9 of the arbitration and conciliation act, 1996. ..... time, the supreme court held that a party having succeeded in securing an interim measure of protection before the arbitral proceedings cannot afford to stand by and sleep over the relief because the relationship between the order under section 9 and the arbitral proceedings would stand snapped and the relief allowed to the party shall cease to be an order made "before" that is, in contemplation of arbitral proceedings. ..... 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 or ..... this case, dipl and the respondent-maharashtra state electricity generation ..... maharashtra state electricity generation company limited, manu/mh/0268/2013 (appeal .....

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 other union.18. ..... 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 the industrial dispute. ..... it is alleged that the management prepared a settlement on 28.4.2005 with signatures of the authorised representative of the management and 8 workmen as representative of the workmen and displayed a notice on 29.4.2005 on the notice board stating that all the workmen desirous of obtaining benefits of the settlement should sign the settlement available with the personnel manager/general manager (administration). ..... the industrial disputes act is based on the principle of collective bargaining for resolving industrial dispute and for maintaining industrial peace. ..... 2003 (98) flr 1024; maharashtra general kamgar union v. ..... in maharashtra general kamgar union v. .....

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

Court : Mumbai

Reported in : 2010(1)MhLj658

..... 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 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 recovery ..... sub-section (2), as is presently applicable, provides that nothing contained in sub-section (1) shall apply to suits or proceedings for the recovery of possession of any immovable property or licence fee or charges or rent thereof, to which the provisions of 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. ..... the appeal was dismissed on the ground that it was not maintainable under section 39 of the arbitration act of 1940. .....

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

Court : Mumbai

Reported in : 2003(4)BomCR588

..... bench to consider the following issues:---(1) whether in the circumstances and seriousness 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 ..... they have stated that they filed writ petition before this bench in 1988 in public interest litigation praying that barbaric practice of shooting stray dogs should be stopped forthwith and as a consequence of this petition, certain steps were taken by the authorities, namely, formation of state advisory board for animal welfare in april 1999 and, secondly, panaji municipal council preparing the scheme for control of stray dog population in panaji municipal area. .....

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

Court : Mumbai

Reported in : 2009(6)MhLj788

..... court could be construed in light of the judgment of the supreme court and what will be its effect and consequences;(c) whether the judgment of this bench would relate back to the date of earlier decision of the full bench or will be given effect prospectively in view of the fact that the full bench had declared the provisions of section 43a(1) of the maharashtra agricultural lands (ceiling on holdings) act, 1961 as ultra vires.8. from paragraph 4 of our order dated 26th ..... 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 common good and thus it was felt expedient in the public interest to impose a maximum limit or ..... before the supreme court, the appellants had raised the contentions based on the full bench judgment of the bombay high court in the case of shankarrao's (supra) which was duly considered by the supreme court and upon discussion the findings were recorded in paragraph 9 of the judgment ..... . 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 .....

State of Gujarat Vs. Gordhandas Keshavji Gandhi and ors.

Court : Gujarat

Reported in : AIR1962Guj128; (1962)0GLR269

..... 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 ..... me that the principle underlying the rule of precedents requires the continuity of case-law to be maintained, because there is no reason at all why the certainty of the law should be affected'.these observations lead to ..... 1955 andhra 87 (supra) and the full bench negatived the contention that co-ordinate jurisdiction connotes the same idea as concurrent jurisdiction or simultaneous jurisdiction and held that in order to be courts of co-ordinate jurisdiction it is not necessary that the courts should be courts of concurrent jurisdiction or simultaneous jurisdiction and ..... territory of gujarat and, unless one is prepared to extend the principle of co-ordinate jurisdiction to a situation of this type, the precedents of the high court o( bombay may not bind ..... map of india was redrawn due to various political exigencies but the continuity of laws in force immediately before the appointed day was not intended to be interrupted or broken so that notwithstanding the transfer of the territories from one state to another and the constitution, of new states, laws in force immediately before the appointed day should continue to extend and .....

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. ..... the pleas raised, as to whether the order dated 3-12-1990 of the special judge, moradabad, moradabad remanding the petitioner to custody till further orders, and in connection with the cases, both at moradabad and bombay, the non-sanction of remand on the adjourned dates between 3-12-1990 and 11-7-1991 by the special judge, moradabad, render the petitioner's detention illegal, whether the orders of the special judge, moradabad refusing to release him on furnishing bail bonds as well as his ..... of which the petitioner is to be transferred to the central prison, nasik besides annexure-1 to the counter affidavit, are annexure-2 the letter dated 1-12-1990 of the superintendent central prison nasik about transfer of the petitioner to moradabad and intimating that the second case being pending in bombay sessions court he may be sent back to the said prison, annexure-3 copy of letter dated 8-12-1990 of the superintendent of the said prison to the registrar, city sessions court, greater ..... also the authorities concerned, special judge, moradabad and the superintendent, district jail, moradabad being within the limits of the said territories, the petition to this extent and in respect of this cause of action is maintainable in this court and it has jurisdiction to take cognizance of this case.31. .....