Judgment Search Results Home > Cases Phrase: bombay land improvement schemes act 1942 maharashtra Page 8 of about 3,312 results (0.229 seconds)

Chandrashekhar S/O Manohar Tanksale Vs. Pandharinath S/O Vithobaji New ...

Court : Mumbai Nagpur

..... for the time being in force, no person shall except with the previous permission in writing of the competent authority, - (a) institute, after commencement of the maharashtra slum areas (improvement, clearance and redevelopment) act, 1971, any suit or proceeding for obtaining any decree or order for the eviction of an occupier from any building or land [in a slum area or for recovery of any arrears of rent or compensation from any such occupier, or for both; or] (b) when any decree or order ..... that since the suit property was notified as a slum area vide notification dated 24th january, 1976, in view of section 22 of the maharashtra slum area (improvement, clearance and redevelopment) act, 1971 (hereinafter referred to as slums act for short), no suit or proceedings for obtaining any decree or order for eviction of an occupier from any building or land in slum area is maintainable unless prior permission is obtained from the competent authority under section 22 of the slums ..... an objection was raised by the tenant munshi that suit premises were governed by the bombay rents hotel and lodging house rates (control) act, and as such the decree of the high court confirming the decree of the district judge was ..... shrikrishna tejmalji chandak reported in air 1984 bombay 428 and rightly held that an objection to the executability of the decree on the ground that the suit filed without taking requisite permission not having raised during the trial, could not ..... reported in air 1991 bombay 55. 18. .....

Bharti Tele-ventures Limited, a Company Incorporated Under the Compani ...

Court : Mumbai

Reported in : 2007(2)ALLMR841; 2007(2)BomCR925; (2007)109BOMLR585; 2007(4)MhLj105

..... 1948, or any municipal corporation constituted under the bombay provincial municipal corporations act, 1949, (b) a council and a nagar panchayat constituted under the maharashtra municipal councils nagar panchayats and industrial townships act, 1965, (c)(i) a zilla parishad constituted under the maharashtra zilla parishads and panchayat samitis act, 1961, (ii) the authority constituted under the maharashtra housing and area development act, 1976, (iii) the nagpur improvement trust constituted under the nagpur improvement trust act, 1936, which is permitted by the ..... and in a different set of facts where the question was whether uncovered 'ottas' and 'chabutras' would fall within the term 'the building' under section 5(a) of the madhya pradesh abolition of proprietary rights (estates, mahals, alienated lands) act, 1950 and that therefore, along with the land appurtenant to them they must be settled with the ex-proprietors whose property interest was sought to be abolished under the said proprietary ..... . taking into consideration the scheme of the telegraph act and the provisions comprised under section 10 r/w the definitions referred to above, merely because some of the powers under the telegraph act are delegated or conferred upon the licensee under section 4 of the telegraph act, that would not ipso facto lead to a conclusion that all the rights and liabilities of such licensees are governed by the provisions of the telegraph act .....

Commissioner of Income Tax Vs. Presidency Co-operative Housing Society ...

Court : Mumbai

Reported in : 1993(2)BomCR583; [1995]216ITR321(Bom); 1993(1)MhLj738

..... the society took on lease certain lands in juhu-vile parle from the bombay housing board constituted under the bombay act 49 of 1948 for the purpose of building houses for its ..... canning & land improvement co. ..... the by-laws of some of the societies do provide that the object of the society shall be to carry on the business of building and of buying, selling hiring letting and developing land and accordance with co-operative principles alongwith other objectives such as carrying on social, re creative and educational work in connection with its tenants. ..... the above case the company had obtained a lease of a piece of land belonging to the government of maharashtra with an intention of constructing a building which could be used as commercial ..... the question the supreme court has observed, 'in assessing the true character of a receipt for the purpose of the it act, inability to ascribe to the transaction which is the source of the receipt, a definite category is of little consequence. ..... -society and the other societies who are the assessees under the group of references which are before us, were all allottees of portions of this land under permanent leases so given by the housing board in favour of these co-operative housing societies. ..... under the scheme, the shareholders of the company were to enter into a standard form of agreement which would confer on the shareholders the right of occupation of specified floor space in ..... to raise finances for the construction, the company devised a scheme. .....

Bangalore Medical Trust Vs. B.S. Muddappa and Others

Court : Supreme Court of India

Reported in : AIR1991SC1902; JT1991(3)SC172; 1991(2)SCALE131; (1991)4SCC54; [1991]3SCR102; 1991(2)LC415(SC)

..... see for e.g: karnataka town and country planning act, 1961; maharashtra regional and town planning act, 1966; bombay town planning act, 1954; the travancore town and country planning act, 1120; the madras town planning act, 1920; and the rules framed under these statutes; town & country planning act, 1971 (england & wales); encyclopaedia americana, volume 22, page 240; encyclopaedia of the social sciences, volume xii at page 161; town improvement trusts in india, 1945 by rai sahib om ..... significantly, the original scheme, duly sanctioned under the act, includes a public park and the land in question has been reserved exclusively for that purpose ..... section 16 provides that such development schemes must provide for various matters, such as acquisition of land, laying and re-laying of land, construction and reconstruction of buildings, formation and alteration of streets, drainage, water supply and electricity ..... this implies that land once appropriated or applied or earmarked by formation of 'open spaces' or for building purposes or other development in accordance with a duly sanctioned scheme should not be used for any other purpose unless the scheme itself, which is statutory in character, is formally altered in the manner that the bda as a body corporate is competent to alter ..... that power has to be exercised consistently with the appropriation or application of land for formation of 'open spaces' or for building purposes or any other development scheme sanctioned by the government. .....

Maharashtra Chamber of Housing Industry and Others Vs. State of Mahara ...

Court : Mumbai

..... petitions, appeared before a division bench of this court and it pronounced its judgment on 22.12.2010 noting that two division benches in the cases of sundersonsand others v/s state of maharashtra and others reported in 2008 (5) bombay cases reporter 85 and damodarlaxman navre v/s state of maharashtra in writ petition no.6300/2009 dated 08th july , 2010, take a view that certain steps in pursuance of the order of exemption or seeking to enforce the terms and ..... bhandari v/s state of maharashtra and another reported in 2009(3) bombay cases reporter 663 (writ petition no.4241/2008 decided on 31st march/16th april, 2009) and damodarlaxman navare and others v/s state of maharashtra and others in writ petition no.6300/2009 dated 08 th july, 2010 sets out the correct legal position as regards the ambit and scope of section 3(1)(b) of the urban land (ceiling and regulation) repeal act, 1999 or whether, ..... envisaged two totally different sets of values and policies and were so disparate in their context and effect as to yield the inevitable inference that the policy and the scheme of the later law, by reason alone of the peculiarities and distinction of its prescriptions, should be held to manifest an intention contrary to the saving of the old law even respecting pending ..... to time by the state government taking into consideration the fall of the value of the rupee, general improvement in the income of the people now within the annual income limit of rs.18,000/and other relevant .....

Santosh Kumar and ors. Vs. Central Warehousing Corporation and anr.

Court : Supreme Court of India

Reported in : AIR1986SC1164; 1986MPLJ648(SC); 1986(1)SCALE1265; (1986)2SCC343; [1986]1SCR603; 1986(2)LC56(SC)

..... the learned counsel for the appellants was that the high court, was wholly in error in entertaining writ petitions to challenge awards made by the collector under the land acquisition act on the ground that the amount awarded was excessive and that too not at the instance of the government but at the instance of the corporation at whose request ..... , 'that the 'award' in which the enquiry by the collector results is merely a decision (binding only on the collector) as to what sum shall be tendered to the owners of the lands' and that, 'if a judicial ascertainment of value is desired by the owner, he can obtain it by requiring the matter to be referred by the collector to the court. ..... when section 50(2) expressly bars the company or local authority at whose instance the acquisition is made from demanding a reference under section 18 of the act, notwithstanding that such company or local authority may be allowed to adduce evidence before the collector, and when section 25 expressly prohibits the court from reducing the ..... in our view there cannot be any possible doubt that the scheme of the act is that, apart from fraud, corruption or collusion, the amount of compensation awarded by the collector under section 11 of the act may not be questioned in any proceeding either by the government or by the company or local ..... our attention to town improvement trust, gwalior v. ..... maharashtra ..... certain lands belonging to the first respondent were notified for acquisition by the government of bombay 'for .....

Garden Silk Mills Ltd. Vs. Ashok K. Jha and 3 ors.

Court : Gujarat

Reported in : [2008(117)FLR526]; (2008)IIILLJ1027Guj

..... action against the mills in respect of the said transfer orders could have been brought about unless an approach letter as envisaged by proviso to section 42(4) of the act read with rule 53 of the bombay industrial relations (gujarat) rules,1961 (hereinafter referred to as, 'the rules') was given. ..... as the matter 'assignment of work and transfer of workers within the establishment' has been specifically included in schedule iii to the act, it cannot be artificially brought under item 1 of schedule ii by reference to the presumable consequences of such transfer or assignment ..... the industrial court, maharashtra, nagpur bench, nagpur ..... the industrial court, maharashtra, nagpur bench, nagpur ..... 414; of karnal improvement trust, karnal ..... popatbhai revabhai 2005(4) glr 3395 and of the bombay high court in the matter of sarva shramik sangh ..... garden silk mills limited (hereinafter referred to as, 'the mills'), is an employer within the meaning of section 3(14) of the bombay industrial relations act, 1946 (hereinafter referred to as, 'the act'). ..... unable to agree that item 1 of schedule ii to the act is intended to cover the cases like the one before us. ..... under the scheme of the act the individual workmen do not have right to take ..... 'industrial matter' is defined in clause (18) of section 3 of the act, inter alia, to mean sany matter relating to employment, work, wages, hours of work, privileges, rights or duties of employers or employees or the mode, terms and ..... officer, district land development bank and .....

M/S. Shantistar Builders Vs. Narayan Khimalal Totame and Others

Court : Supreme Court of India

Reported in : AIR1990SC630; (1990)92BOMLR145; JT1990(1)SC106; 1990(1)SCALE86; (1990)1SCC520; 1990(1)LC379(SC)

..... persons have mentioned in their application, that their scheme of construction of houses for weaker section will be executed by them, through messer's star builders, 302, sharda chambers, 15 new marine lines, bombay - 20.now therefore, in exercise of the powers conferred by sub-section (1) of section 20 of the said act, after having recorded in writing the reasons for making this order, the government of maharashtra hereby exempts the said vacant lands, from the provisions of chapter iii of the said ..... the preamble indicates:close and effective monitoring of the implementation of weaker sections housing schemes sanctioned under sections 20 and 21 of the urban land (ceiling & regulation) act, 1976, is one of the most important duties of the competent authorities who have been entrusted with the task of implementing the urban land ceiling act, 1976, in the nine urban agglomerations in maharashtra, viz. ..... at the initial stage of hearing of this appeal we had been told that the state of maharashtra was considering the formulation of certain guidelines in respect of constructions over exempted lands covered under section 20 of the act and at the close of the hearing the formulation of the state government has been placed for our consideration.3. ..... 18,000/- may be varied from time to time by the state government taking into consideration the fall of the value of the rupee, general improvement in the income of the people now within the annual income limit or rs. .....

Himatrao Ukha Mali and Others Vs. Popat Devram Patil and Another

Court : Mumbai

Reported in : 1998(3)ALLMR415; 1998(3)BomCR680

..... the previous sanction of the collector, such sanction shall be given by the collector in such circumstances, and subject jo such conditions as may be prescribed by the state - government : provided that, no such sanction shall be necessary where the land is to be mortgaged in favour of government or a society registered or deemed to be registered under the bombay co-operative societies act, 1925, for raising a loan for effecting any - improvement of such land. ..... the petitioners therefore, contended that the agreement of sale dated 16-3-61 was illegal and subsequent to the certificate of ownership being issued under section 32-g of the tenancy act on 11-6-71, transfer of land by way of sale, gift, exchange, mortgage, lease or assignment was prohibited and such transfer by sale could not have takenplace unless it was with the previous sanction of the collector. ..... jurisdiction to settle, decide or deal with any question (including a question whether a person is or was at any time in the past a tenant and whether any such tenant is or should be deemed to have purchased from his landlord the land held by him) which is by or under this act required to be settled, decided or dealt with by the mamlatdar or tribunal, a manager, the collector or the (maharashtra revenue tribu-nal) in appeal or revision or the (state) government in exercise of their powers of control. ..... 1 was solely based on the scheme of the tenancy act. .....

Shantinagar House Building Co-operative Society Limited Vs. State of K ...

Court : Karnataka

..... previous permission in writing of the competent authority, transfer, or purport to transfer by sale, mortgage, gift, lease or otherwise any land or part thereof situated in any urban area which is proposed to be acquired in connection with the scheme in relation to which the declaration has been published under section 19 of the bangalore development authority act, 1976 or section 19 of the karnataka urban development authorities act, 1987.13. ..... terms of karnataka land (restriction on transfer) act, 1991 (hereinafter referred to as 'the act' for brevity) and section 3 thereof, imposes an embargo on transfer of land which is the subject-matter of acquisition under the land acquisition act or any other law ..... it is the petitioner's complaint that respondents 3 to 8 who are erstwhile owners of the acquired land (to the extent of 60 acres 20 guntas out of 66 acres 22 guntas acquired) are seeking to alienate the very lands and that the said respondents have, in collusion with respondents 9 to 15, executed sale deeds and have ..... expected to prevent the difficulties caused in the way of acquisition of lands and to help in the speedy formation and distribution of sites.hence the ..... the transferees, in turn indulge in unauthorised construction rendering the process of acquisition of land and planned urban development extremely difficult, if not impossible.similar laws passed in other states in the country have greatly ..... delhi improvement trust ..... of maharashtra v. ..... land acquisition officer, bombay .....