Judgment Search Results Home > Cases Phrase: bombay landing and wharfage fees act 1882 maharashtra section 3 repeal and savings Page 1 of about 396 results (0.317 seconds)

Esquire Shipping and Trading Pvt. Ltd. a Company Incorporated Under th ...

Court : Mumbai

Reported in : 2009(4)BomCR176

..... further submitted that even otherwise, clause 4 of the agreement is arbitrary and ultra virus the powers of the first respondent as the first respondent could not have fixed the rate which is contrary to bombay landing and wharfage fees act, 1882 by which the government has fixed the fees to be levied on the various commodities for landing and shipping services within the limits of all the minor ports in the state of maharashtra. ..... mukharjee, the learned counsel appearing for the petitioner, submitted that the action of the first respondent in imposing penalty and excess wharfage charges was without any authority of law and that the said action had been taken in a high-handed manner and, therefore, this court may issue necessary writ, order or direction under article 226 of the constitution of india directing the first respondent to refund the said amount to the ..... to the learned counsel for the petitioner, mandwa is a notified minor port within the state of maharashtra and, therefore, the provisions of the said act and the notification issued thereunder do not apply to all cargo discharged at mandwa as well. ..... from the said aspect, it is required to be noted that the stipulated period for filing a civil suit is prescribed under section 105 of the maharashtra maritime board act, 1996. ..... to the learned counsel, as per section 24 of the maharashtra maritime board act, 1996, the board can enter into contract with any individual and prescribe the terms and conditions governing the contract. .....

P.S. Sathappan (Dead) by Lrs. Vs. Andhra Bank Ltd. and ors.

Court : Supreme Court of India

Reported in : AIR2004SC5152; 2004(5)CTC209; JT2004(8)SC464; (2005)1MLJ105(SC); RLW2005(1)SC19; 2004(8)SCALE601; (2004)11SCC672

..... , opining :'under the code of 1908, the right to appeal under the letters patent was saved both by section 4 and the clause contained in section 104(1), but by the arbitration act of 1940, the jurisdiction of the court under any other law for the time being in force is not saved; the right of appeal can therefore be exercised against orders in arbitration proceedings only under section 39, and no appeal (except an appeal to this court) will lie from an appellate order.there is no warrant ..... - save as provided by the last foregoing section and section 622 of the code of civil procedure, 1882, an order made under this act shall be final, and shall not be liable to be contested by suit or otherwise. ..... as contended by counsel for the respondents, 'superfluous' or that its 'deletion from section 39(1) has not made any substantial difference' : the clause was enacted with a view to do away with the unsettled state of the law and the cleavage of opinion between the allahabad high court on the one hand and calcutta, bombay and madras high courts on the other on the true effect of section 588 of the code of civil procedure upon the power conferred by the letters ..... thus for example in cases under the land acquisition act, guardian and wards act and the succession act a further appeal is permitted whilst under the arbitration act a further appeal is barred. ..... : [1953]4scr1028 , maharashtra state financial corporation v. .....

M/S. Mauritiuscommercial Bank Vs. M/S. Sujana Universal Industrieslimi

Court : Andhra Pradesh

..... the terms of its agreement with the financial corporation, or where the financial corporation requires an industrial concern to make immediate repayment of any loan or advance under section 30 and the industrial concern fails to make such repayment then, without prejudice to the provisions of section 29 of the sfc act and of section 69 of the transfer of property act, 1882, any officer of the financial corporation, generally or specially authorised by the board in this behalf, may apply to the district judge within the limits of whose ..... 51 comp cases 301 air1969sc2972009 vol.4 calcutta high court notes 429 (db) (2014) 6 karnataka law journal 99 2014 scc online bombay 1276 2008 vol.144 comp cases 454 2013 vol.176 comp cases 483 (1985) 58 cc156(guj (1966) 59 itr767(sc) (1990) 69 comp cas 178 [1988].11 qb518(1909) ilr36cal 936 (fb) (1978) 48 comp cas ..... rule 6 of the rules stipulates that, save as provided by the companies act or by the rules and practice and procedure of the court, the provisions of the cpc, so far as applicable, shall apply to all proceedings under the act and the rules. ..... state of maharashtra ).as the petitioner does not seek any relief under section 433(f).and as their claim is limited to section 433(e).we see no reason to dismiss the company petition on the ground of availability of the remedy of a civil suit. ..... state of maharashtra , manohar lal v. .....

The Saraswat Co-operative Bank Limited and ors. Vs. P.G. Koranne and o ...

Court : Mumbai

Reported in : AIR1983Bom317; (1983)85BOMLR134

..... all the three petitioner-banks were registered as co-operative societies under the bombay co-operative societies act, 1925 (bombay vii of 1925),the said act was repealed by the maharashtra co-operative societies act, 1960 (hereinafter for the sake of brevity called 'the act') and the three petitioner-banks are now deemed to be registered under the act on the commencement thereof, namely, with effect from jan. ..... -1574/22544/ c-5, dated march 19, 1975, the state government has applied the provisions of section 73bb to (1) the maharashtra state co-operative bank limited, bombay, (2) the maharashtra state co-operative land development bank limited, bombay, (3) the maharashtra state cooperative marketing federation limited, bombay, (4) all district central cooperative banks, (5) all co-operative sugar factories, (6) all co-operative spinning mills, and (7) the maharashtra co-operative housing finance society limited, bombay. ..... sub-section (1) of section 2 of that act provides as follows;'(1) a co-operative society to which this act applies which has been registered in any state under the law relating to co-operative societies in force in that state shall be deemed in any other state to which its objects extend to be duly registered in that other state under the law there in force relating to co-operative societies, but shall, save as provided in sub-sections (2) and (3), be subject for all the purposes of registration, control and dissolution to the law ..... queen (1882) 7 ac 829 ; emperor .....

M. Sreenivasulu Reddy and ors. Vs. Kishore R. Chhabria and ors.

Court : Mumbai

Reported in : [2002]109CompCas18(Bom)

..... act, the earlier provisions, namely section 23 of the companies act of 1857, section 34 of the companies act of 1866, and section 58 of the companies act, 1882, dealing with rectification were partly retained and partly altered in the companies act ..... observed in that matter as follows :'the policy of the act is not to be defeated by any ingenious devices, arrangements, or agreements between a vendor and a vendee for the relinquishment by a vendor of his 'sir' land or land which he has cultivated continuously for twelve years at the date of the transfer ; for a reduction of purchase money on the vendor's failing or refusing to relinquish such lands ; or for the vendor being liable to a suit for ..... however, before the issue of jurisdiction was decided under section 9a added to the civil procedure code by the maharashtra amendment, the court had granted an ad interim order ..... letter to the bombay stock exchange dated december 7, 1995, the bombay stock exchange replied on february 12, 1996, that clauses 40a and 40b of the listing agreement were mandatory and imfa should comply ..... section 111a(7) refers to other clauses of section 111 which are saved and made available under section ..... section (4) shall be in the prescribed form and contain the particulars and shall be accompanied by the instrument of transfer of the securities to which it relates, the documentary evidence, if any, furnished to the company along with the instrument of transfer, and evidence of such other nature and such fees .....

Foreshore Co-operative Housing Society Limited, a Co-operative Society ...

Court : Mumbai

Reported in : 2008(6)ALLMR600; 2009(1)BomCR757; (2008)110BOMLR3696; 2009(2)MhLj28

..... learned senior counsel for the appellants also sought to demonstrate the distinction between limitation and a complete bar to jurisdiction by citing the provisions in several statutes, including section 33, maharashtra rent control act, 1999 and section 164 of the maharashtra co-operative societies act, 1960.vii) the learned senior counsel submitted that the question of limitation is generally one of both law and of fact. ..... 1956 m.p.97 to show that an endorsement on the plaint showing the date when the suit was originally instituted and an endorsement showing the date of return of the plaint for presentation to the proper court were held to be sufficient to claim the benefit of section 14.viii) the appellants have also distinguished madhavrao narayanrao : [1959]1scr564 which was cited by the respondents. ..... pertain to matters under tribunals, statutory authorities under the industrial disputes act, 1947 and the indian trusts act, 1882.v) in smithkline beechan's case, mr. ..... decided by the learned single judge, has been repealed by section 32, cpc (amendment) act, 1999 and section 16, cpc (amendment) act, 2002. ..... the maharashtra amendment was also intended to save judicial time and to prevent abuse of judicial process.ii) section 9a and order xiv, rule 2 of the code of civil procedure, ..... 2001 (1) mh.l.j.324 a learned single judge of the bombay high court has held that limitation would expressly touch upon the ..... the original lessees assigned all their leasehold interest in the plot of land. .....

Ranga Reddy District Sarpanches' Association and Ors. Vs. Government o ...

Court : Andhra Pradesh

Reported in : 2004(2)ALD1; 2004(1)ALT659

..... (v) such income of the zilla parishad as the government may allocate to a mandal parishad; (vi) such share of the land revenue, state taxes or fees, as may be prescribed; (vii) proceeds or tax surcharge or fees which the parishad is empowered to levy under the act or any other law; (viii) such contributions as a mandal parishad may levy from gram panchayat and (ix) any other income from a remunerative enterprise.sub-section (2) requires the government to make an annual grant at the rate of ..... directions, to remove a sarpanch, president or a chairperson, to dissolve a gram parishad, mandal parishad or zilla parishad, provisions for delegation of powers, provisions relating to emergency power of the government, commissioner and district collector and powers of review and revision by the government, and the like.part-viii sets out provisions relating to the power of the government to make rules for carrying out the purposes of the act, provisions relating to adjudication of disputes between local authorities and repeal and savings ..... state of maharashtra, : [1985 ..... of the provisions of the act in andhra pradesh with similar legislations in kerala, karnataka, bombay, west bengal etc. ..... , is that there were well developed and clearly discernable patterns of local governments, representative in character which enjoyed a substantial measure of autonomy, so much so that they gained recognition even by the then viceroy lord ripon, who moved a resolution on 'the local self-governments' in 1882.24 .....

G.S. Chooramani and ors. Vs. State of U.P. and anr.

Court : Allahabad

Reported in : AIR1969All43

..... transfer of property act, 1882, the uttar pradesh zamindari abolition and land reforms act, 1950, the uttar pradesh urban areas zamindari abolition and land reforms act 1956, the jaunsar-bawar zamindari abolition and land reforms act. ..... the zamindari abolition and land reforms act made it clear that in the case of estates in which no intermeditary, as defined in clause (12) of section 3 of the zamindari abolition and land reforms act, has any right, title or interest, the zamindari abolition and land reforms act shall apply subject to the modifications and amendments specified in ..... received his assent.provided further that where any law makes any provision for the acquisition by the state of any estate and where any land comprised therein is held by a person under his personal cultivation, it shall not be lawful for the state to acquire any portion of such land as is within the ceiling limit applicable to him under any law for the time being in force or any building ..... (2) no property shall be compulsorily acquired or requisitioned save for a public purpose and save by authority of a law which provides for compensation for the property so acquired or requisitioned and either fixes the amount of the compensation or specifies the principles on which and the manner in which, the compensation is to be determined and given; and no such law shall be called in question in any court on the ground that the ..... act, 1959 repealed and re-enacted sections 2 and 3 of the government grants act ..... bombay .....

Vasantkumar Radhakisan Vora Vs. the Board of Trustees of the Port of B ...

Court : Supreme Court of India

Reported in : AIR1991SC14; JT1990(3)SC609; 1990(2)SCALE297; (1991)1SCC761; [1990]3SCR825

..... application was filed under section 41 of the bombay presidency small cause courts act (act 15 of 1882) as amended under 1963 maharashtra amendment act, against vasantkumar and another for delivery of ..... suffered thereunder' or(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed; or....any such investigation, legal proceedings or remedy may be instituted, continued or enforced...as if the repealing act or regulation had not been passed.section 17(1) provides under:in any (central act) or regulation made after the commencement of this act, it shall be sufficient for the purpose of indicating the application of a law to every person or number of ..... it states that:.nothing herein contained shall be deemed to affect save as provided by section 57 and chapter iv of this act, any transfer by operation of law or by, or in execution of, a decree or order of a court of competent jurisdiction.section 106 empowers the landlord to terminate the contract of lease of immovable property, if it is for agricultural or manufacturing purpose by giving six months notice and terminable on the part of either lessor or lessee, by giving fifteen days' notice expiring ..... for ten years from time to time, unless terminated by giving one year's notice averring that the land was required boon fide by the landlord for personal cultivation and that income would be the main source of income of the landlord. ..... that all rates, fees, rents and other sums of .....

Shah Babulal Khimji Vs. Jayaben D. Kania and anr.

Court : Supreme Court of India

Reported in : AIR1981SC1786; 1981(3)SCALE1169; (1981)4SCC8; [1982]1SCR187

..... the right, title and interest in respect of the said lands and the said land or any part thereof or parting possession of the said land or any part thereof; (b) that pending the hearing and final disposal of the suit, the court receiver high court bombay or some other fit and proper person be appointed receiver of the said lands which ..... by section 15 of the letters patent and not expressly referred to in section 588 of the code of 1882, could be taken away by the general words of the section 581 and in the wording of section 104 of the act of 1908 is significant for it runs, ..... appeal shall lie from the following orders, and save as otherwise expressly provided in the body of this code or by any law for the time being in force, from no other orders: x x x x x x x x (ff) an order under section 35a; (fa) an order under section 91 or section 92 refusing leave to institute a suit of the nature referred to in section 91 or section 92 as 'the case may be; (g) an order under section 95; (h) an order under ..... . section 1 of the code makes it clear that the act is applicable to whole of india excepting the places mentioned in the said section and the act, therefore, applies to ..... appeal in the division bench and not the defendant because the question of payment of court fees is a matter between the government and the plaintiff and the defendant has ..... repealed by later general acts unless there be some express reference to the previous legislation or a necessary inconsistency in the two .....