Judgment Search Results Home > Cases Phrase: bombay land requisition act 1948 maharashtra section 15 delegation of functions Page 1 of about 496 results (0.171 seconds)

The Inspector General of Registration Vs. K. Baskaran

Court : Supreme Court of India

..... baskaran 21 that the state government could not have delegated its duty to make an enquiry under section 65(1) of the bombay tenancy and agricultural lands act, 1948, was under challenge. ..... maganlal11, while considering the scope of section 481(1)(a) of the bombay provincial municipal corporation act (59 of 1949) this court said that commissioner of the ahmedabad municipal corporation had delegated his power and function under the aforesaid section to a municipal officer to launch proceedings against a person charged with offences under the act or the rules and that officer to whom such functions were delegated could not further delegate the same to another.8. ..... is close enough for the decision to be regarded as the authority s own; (iii) even in cases of sub-delegation, so long as the essential function of decision making is performed by the delegate, the burden of performing the ancillary and clerical task need not be shouldered by the primary delegate and it is not necessary that the primary delegate himself should perform the ministerial acts as well; and (iv) practical necessities or exigencies of administration require that the decision-making authority who has been ..... concluding so, this court also relied upon the objects and reasons of the amending act 32 of 1972 inserting section 25ffa in the industrial disputes act, and the fact that the legislation provided penalty for closing down any undertaking without serving requisite notice.25. ..... state of bombay (maharashtra) vs. .....

Subhash Laxmidas Majithia Vs. the State of Maharashtra and anr.

Court : Mumbai

Reported in : 2001(4)ALLMR713; 2002(1)BomCR272; (2001)4BOMLR150; 2001(4)MhLj170

..... and lodging houses rates control, bombay land requisition and bombay government premises (eviction) (amendment) act, 1996 (hereinafter in this section referred to as 'the said date'),- (a) the state government, in respect of the premises requisitioned or continued under requisition and allotted to a government allottee referred to in sub-clause (a) of clause (2) of section 7; and (b) the government allottee, in respect of the premises requisitioned or continued under requisition and allotted to him as referred to in sub-clause (b) of clause (2) of section 7,shall, notwithstanding anything contained in this act, or in the bombay land requisition act, 1948, or in any other law for the ..... or corporation owned or controlled fully or partly by the state government or any co-operative society registered under the maharashtra co-operative societies act, 1960 or any foreign consulate, by whatever name called, and on the 7th december, 1996, being 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) act, 1996, were in their occupation or possession, means the principal officer-in-charge of such office or department .....

Kamal K. Sahasrabuddhe Vs. Controller of Accommodation and ors.

Court : Mumbai

Reported in : 2007(6)ALLMR641; 2008(1)BomCR779

..... and lodging house rates control, bombay land requisition and bombay government premises (eviction)(amendment) act, 1996 (hereinafter in this section referred to as 'the said date') - (a) the state government in respect of the premises requisitioned or continued under requisition and allotted to a government allottee referred to in sub-clause (a) of clause 1-a of section 5; and(b) the government allottee, in respect of the premises requisitioned or continued under requisition and allotted to him as referred to in sub-clause (b) of clause 1-a of section 5,shall notwithstanding anything contained in this act or in the bombay land requisition act, 1948, or in any other law for the ..... undertaking or the corporation owned or controlled fully or partly by the state government or any cooperative society registered under the maharashtra co-operative societies act, 1960 or any foreign consulates, by whatever name called and 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) act, 1996, are allowed by the state government to remain in their occupation and possession, means the principal officer-in-charge .....

Tata Housing Development Company Ltd. and ors. Vs. State of Maharashtr ...

Court : Mumbai

Reported in : 2006(2)ALLMR574; 2006(1)BomCR674

..... rates control, bombay land requisition and bombay government premises (eviction) (amendment ) act, 1996, (hereinafter in this section referred to as 'the said date'),-(a) the state government, in respect of the premises requisitioned or continued under requisition and allotted to a government allotted referred to in sub-clause (a) of clause (2) of section 7; and(b) the government allotted, in respect of the premises requisitioned or continued under requisition and allotted to him as referred to in sub-clause (b) of clause (2) of section 7,shall, notwithstanding anything contained in this act, or in the bombay land requisition act, 1948, or in ..... controlled fully or partly by the state government or any co-operative society registered under the maharashtra co-operative societies act, 1960 or any foreign consulate, by whatever name called, and on the 7th december, 1996, being 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) act, 1996, were in their occupation or possession, means the principal officer-in-charge of ..... the flat being vacated by the said shri khan, who was occupying the premises on the date on which the maharashtra rent control act, 1999 and the aforesaid provisions came into force, the government continued to be in occupation thereof and therefore, the provisions of bombay land requisition act, 1948 will be applicable to the facts of the present case. .....

Vasantlal Thakorlal Bhagat and ors. Vs. the State of Maharashtra and o ...

Court : Mumbai

Reported in : 2001(4)ALLMR190

..... order of any court passed on or after the 11th june, 1996, or in any order of evi(sic) issued by the competent authority, or by the appellate authority, under the bombay land requisition act, 1948, be deemed to have become, for the purpose of this act, the tenant of the landlord; and such premises shall be deemed to have been let by the landlord to the state government or, as the case may be, to such government allottee, on payment of rent and ..... that is 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) act, 1996 (hereinafter in this section referred to as 'the said date'),- (a) the state government, in respect of the premises requisitioned or continued under requisition and allotted to a government allottee referred to in sub-clause (a) of clause (2) of section 7; and (b) the government allottee, in respect of the premises requisitioned or continued under requisition and allotted to him as referred to in sub-clause ..... sections 5(1)a and 15(a) assuming the said provisions to be constitutional that government employee who has retired from government service on 30th september, 1993 has no right tocontinue with the possession of requisitioned premises after the order of requisition has been set aside and his retirement is clearly applicable to a case where the allottee had retired from government service and died prior to the enactment of maharashtra amendment act .....

Grahak Sanstha Manch and Others Vs. State of Maharashtra

Court : Supreme Court of India

Reported in : AIR1994SC2319; (1994)96BOMLR574; JT1994(3)SC474; 1994(2)SCALE705; (1994)4SCC192; [1994]3SCR746; 1994(2)LC244(SC)

..... petition concerns premises requisitioned for the purposes of residential use under the bombay land requisition act, 1948 (hereinafter called 'the said act'). ..... that the said act repealed the provisions of the bombay land requisition ordinance, 1947 and sub-section 2 of section 20 stated that, notwithstanding the repeal of the ordinance, any land requisitioned or continued to be subject to requisition under the ordinance would be deemed to be subject to requisition under the said act.8. ..... sub-section 1a thereof states that the state government shall release from requisition, notwithstanding anything contained in sub-section 1, any land requisitioned under the said act on or before 31st december, 1994, and by reason of sub-section 2 such land must be restored, as far as possible, in the same condition in which it was when the state government was ..... section 8 provides for payment of compensation when any land is requisitioned under the said act ..... having regard to the known difficulty of finding alternate accommodation in bombay and other large cities in maharashtra, the protection of these interim orders is hereby continued until 30th november, 1994, on which date all occupants of premises the continued requisition of which has been quashed as afore-stated shall be bound to vacate and hand over vacant possession to the state government so that the state government may, on or before 31st december, 1994, ..... said act was amended so that section 3 stood deleted by section 2 of maharashtra act 51 .....

Hariprasad G. Trivedi Vs. Yeshwant K. Abhyankar and Another

Court : Mumbai

Reported in : 1998(1)BomCR403; 1997(3)MhLj402

..... (b) the government allotted, in respect of the premises requisitioned continued under requisition and allotted to him as referred to in sub-clause (b) of clause (1-a) of section 5, shall notwithstanding anything contained in this act, or in the bombay land requisition act, 1948 (bom. ..... for the same reason, he cannot also seek to take benefit of sub-section (8) of section 9 of the bombay land requisition act, 1948. ..... by an order passed by the controller of accommodation, bombay, on 9th october, 1950, the said premises were requisitioned under the bombay land requisition act, 1948. ..... the definition of 'government allotted' in the explanation appended to sub-section (8) of section 9 of the bombay land requisition act is in the same terms. ..... subsequently, on 17th august, 1996 the government of maharashtra made an order under section 11(1) of the bombay land requisition act authorizing the area sub-inspector in the office of the controller of accommodation to take vacant possession of the said premises from the applicant on or before 30th august, 1996. ..... the short question, which arises for our consideration is, whether the petitioner is entitled to protection of the aforesaid act being maharashtra act no. ..... on 17th of january, 1997 the said ordinance was made into an act being maharashtra act no. ..... ganesh, learned counsel for the first respondent, the government of maharashtra has passed two orders. ..... state of maharashtra and others, in writ petition no. ..... 2 is the state of maharashtra.3. .....

Tham Chew Chong Vs. State of Maharashtra

Court : Mumbai

Reported in : (1976)78BOMLR613

..... 46-b should not be requisitioned under the bombay land requisition act, 1948, herein called 'the act'. ..... the flat was neither let nor intended to be let, it is not 'premises' as defined in section 4(3) of the act and consequently it cannot be requisitioned under section 6(4)(a) of the act.10. ..... , who appears on behalf of the petitioners, contends that section 6(4)(a) of the act under which the requisition order was passed, has no application because the flat in question is not 'premises' within the meaning of the act. ..... had become vacant in the month of june 1963 and requisitioning the flat in the exercise of powers conferred by section 6(4)(a) of the act, for the public purpose of housing a maharashtra state government servant. ..... had preferred an appeal to the secretary to the government of maharashtra, revenue & forests department, but by a letter dated october 7, 1966 she was informed that the government did not consider it necessary to cancel the requisition order.3. mr. ..... ' it is therefore clear that an order of requisition can be passed under section 6(4)(a), only in respect of a building or part of a building which is 'let or intended to be let ..... on july 29, 1964, the accommodation officer of the respondents the state of maharashtra issued a notice to the petitioners and to the licensees, calling upon them to show cause why flat ..... section 6(4)(a) provides, to the extent it is material, that the state government may by order in writing 'requisition the premises for any public purpose .....

Welfare Assocn. A.R.P., Maharashtra and anr. Vs. Ranjit P. Gohil and o ...

Court : Supreme Court of India

Reported in : AIR2003SC1266; JT2003(2)SC335; 2003(2)SCALE288; (2003)9SCC358; [2003]2SCR139; 2003(1)UJ654(SC)

..... what is relevant for our purpose is to note that the life of requisition or continued requisition of any land which was coming to an end by virtue of sub-section (1-a) as inserted in section 9 of the bombay land requisition act, 1948 by maharashtra act 5 of 1973, further amended by maharashtra act 29 of 1990 was given an extension by issuing an ordinance, namely, the bombay land acquisition (amendment) ordinance, 1994 (maharashtra ordinance no. ..... the status conferred on them by amending section 5 of the principal act and by inserting section 15b in the principal act was that the allottee or his legal heir in occupation or possession of the allotted premises for own residence "shall, notwithstanding anything contained in this act, or in the bombay land requisition act, 1948, or in any other law for the time being in force, or in any contract, or in any judgment, decree or order of any court passed on or after the 11th june, 1996, be deemed to have become, for the purposes ..... of this act, the tenant of the .....

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)

..... lodging house rates control, bombay land requisition and bombay government premises (eviction) (amendment) ordinance, 1996 (hereinafter in this section referred to as the 'the said date'),-(a) the state government, in respect of the premises requisitioned or continued under requisition and allotted to a government allottee referred to in sub-clause (a) of clause (1a) of section 5 and(b) the government allottee, in respect of the premises requisitioned or continued under requisition and allotted to him as referred to in sub-clauses (b) of clause (1a) of section 5,shall, notwithstanding anything contained in this act, or in the bombay land requisition act, 1948, or in any ..... sector under taking or corporation, owned or controlled fully or partly by the state government or any co-operative societies registered under the maharashtra co-operative societies act, 1960 or any foreign consulate by whatever name called and, 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 are allowed by the state government to remain in their occupation and pos session ..... subsequently, on 17th august, 1996, the government of maharashtra made an order under section 11(1) of the bombay land requisition act authorizing the area sub-inspector in the office of the controller of accommodation to take vacant possession or the said premises from the applicant on or before 30th .....