Court : Supreme Court of India
Reported in : AIR1997SC1240; 1997(2)ALT1(SC); JT1997(2)SC699; 1997(2)SCALE205; (1997)3SCC443; [1997]2SCR152
..... while the said application was pending, the defendants moved an application under section 9-a of the civil procedure code (maharashtra amendment) for determining the issue of jurisdiction of the civil court to ..... may, for the reasons given by us hereinbefore and in the light of the law laid down in the decisions of this court referred to above, it must be held that the decision of the bombay high court in dwarkadas mulji was wrongly decided and that the decision in vivekanand atmaram chitale must be held to be in applicable to the orders of a civil court. 28. ..... orders of the high court, referred to above, which are based upon the reports of the court receiver, police and municipal records do clearly show that it was the second defendant who, acting on behalf of the first defendant, had carried out the construction complained of and had even refused to purge himself of the contempt when given an opportunity to do so in the high ..... which has been recognised and incorporated in section 9-a of civil procedure code (inserted by maharashtra amendment act no. ..... to agree with any of these submissions not only on principle but also in the light of the specific provision contained in section 9-a of cpc (maharashtra amendment). ..... counsel for the appellant-plaintiff (landlord of the suit premises) assailed the impugned order of the high court both on principle as well as with reference to section 9-a of the civil procedure code (maharashtra amendment). ..... workers of america (1946) u.s.s.c.r. 91 l .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1979SC1098; (1979)3SCC347; [1979]3SCR788; [1979]44STC137(SC); 1979(11)LC509(SC)
..... then the commissioner may,(a) where such turnover has escaped assessment or has been under-assessed or assessed at a lower rate by reason of the fact that the provisions of sub-section (1) of section 2 of the bombay sales tax (validating provisions) act, 1957 were not then enacted, at any time within eight years,(b) where he has reason to believe that the dealer has concealed such sales or purchases or any material particular ..... decision in all these appeals is,, whether any of the provisions in sections 33(6) and 35 of the bombay sales tax act, 1959 (hereinafter referred to as 1959 act) which are in pari materia with sections 14(6) and 15, respectively, of the bombay sales tax act, 1953 (hereinafter called the 1953 act), offend article 14 of the constitution and, as such, are ..... a notice containing all or any of the requisitions which may be included in a notice under sub-section (3) of section 33 and may proceed to assess or re-assess the amount of the tax due from such dealer; and accordingly, the other provision of this act shall apply as if the notice were a notice served under that sub-section:provided that the amount of tax shall be assessed at the rates at which it would have been ..... result, we allow these appeals, set aside the judgment of the high courts/maharashtra sales tax tribunal and send the cases back to the high court or the tribunal ..... be assessed after making the deductions permitted from time to time under the bombay sales tax act, 1946, the bombay sales tax (no. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC187; 2007(2)BLJR3030; 2007(6)BomCR801; JT2007(11)SC484; (2008)1MLJ51(SC); 2007(11)SCALE630; (2007)8SCC559
..... he also submitted that the question as to constitutional validity of clause (b) of sub-section (1) of section 3 of the maharashtra rent control act, 1999 (hereinafter referred to as 'the rent act') is pending before this court and in view of the said fact, the courts below ought not to have proceeded to decide the ..... it was felt that the laws were being often abused by the rich tenants against the poor or middle class landlords.12 the state of maharashtra appointed a committee known as rent acts enquiry committee (for short tembe committee) which observed as under:.the result of all this has been that the supply of rental housing in the market is gradually ..... meters for business, trade or storage and 125 sq meters for residential purpose.the court, therefore, concluded;it is already seen from the statement of objects and reasons that the object of the act is not merely, to protect tenants but also to provide fair returns to the landlords and to encourage housing activity so as to augment rental housing in the form of construction of buildings and letting them ..... that the tenant has, since the coming into operation of this act, unlawfully sublet, or after the date of commencement of the bombay rents, hotel and lodging house rates control (amendment) act, 1943, unlawfully given on licence, the whole or part of the premises or assigned or transferred in any other manner his interest ..... the act, he was not entitled to such rent unless a 'new construction' had been made after june 30, 1946. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2006)144PLR802; 2006(11)SCALE108
..... (vii) the impugned notification being not restricted to particular buildings or class of buildings, the classification sought to be made on the basis of paying capacity of a tenant or the tenants themselves is ultra vires section 3 of the act; (viii) the impugned notification is unconstitutional as it contravenes the legal philosophy underlying a beneficent legislation insofar as it has done away with the statutory limitations imposed upon the landlords to evict the tenant except on ..... the current economic policy of the government, the high court rightly refrained from exercising its power of judicial review;(v) in view of a large number of decisions of this court it is now well settled that section 3 of the act is intra vires the constitution; (vi) the impugned notification is a conditional legislation and not a delegated legislation; (vii) merely because the exemption granted by the impugned notification is perpetual in nature, the same per ..... . therefore, mr chinai was right in contending that every action/activity of the bombay port trust which constituted 'state' within article 12 of the constitution, in respect of any right conferred or privilege granted by any statute is subject to article 14 and must be reasonable and ..... terms of madras (lease & rent control) act, 1946 came into force protecting tenants in possession from eviction ..... in maharashtra state board of ..... men with money should be given proper and meaningful incentives as in some european countries to build houses, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [2010]153CompCas497(SC); JT2009(3)SC216; 2009(3)SCALE451; (2009)4SCC94; (2009)12VatReporter137; (2009)21VST505(SC); JT2009(1)SC216
..... the states of kerala and maharashtra respectively argued that even though the drt act and securitisation act contain non obstante clauses suggesting that the provisions contained therein would prevail over other laws, the same must be interpreted keeping in view the legislative policy underlying those enactments and if they are so interpreted, section 38c of the bombay act and section 26b of the kerala act and similar provisions contained in ..... in cases where the borrower has bought an asset with the finance of the bank/fi, the latter is treated as a lender and on assignment the securitisation company/asset reconstruction company steps into the shoes of the lender bank/fi and it can recover the lent amounts from the borrower.therefore, when section 13(4) talks about taking possession of the secured assets or management of the business of the borrower, it is because a right is created by the borrower ..... ; that it overrides the provisions contained in sections 69 or 69a of the transfer of property act which empower the mortgagee to sell or concur in selling the mortgaged property or any part thereof in default of payment of the mortgage money without intervention of the court in the circumstances referred to in section 69 and for payment of court receiver as provided in section 69a and held:the bombay sales tax act and the securitisation act have been enacted by the competent legislatures for ..... same is repugnant to section 7(1) of the essential supplies (temporary powers) act, 1946. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC1118; 1967(0)BLJR189; [1966]36CompCas866(SC); [1967]1SCR190
..... 7 of 1939 (hereinafter referred to as the 1939-act) which lays down that "no court shall entertain a suit by a moneylender for the recovery of a loan advanced by him after the commencement of this act unless such money lender was registered under the bihar money-lenders act 1938 at the time when such loan was advanced. ..... 4 of the 1939-act and it does bar a suit by a money-lender for recovery of a loan advanced by him after the commencement of the 1939-act unless the money- lender is registered under the bihar money-lenders act, 3 of 1938. ..... should have been made and if it was after the commencement of the 1939-act the money- lender would have to be registered before he could maintain a suit. ..... of the bihar money- lenders (regulation of transactions) act no. ..... the bihar money-lenders (regulation of transactions) act, no. ..... which says that a loan means an advance whether of money or in kind on interest made by a money-lender. ..... 'loan' means an advance, `whether of money or in kind, on interest made by a money-lender. ..... it appears that the joint family consisting of the respondent and his brother was registered as a money-lender sometime about 1952, and the case of the defendant-appellant was that as the loan was advanced really in 1946 when there was no registration the suit was barred by s. ..... 4), the relevant part of the section will read like this : "for the recovery of an advance whether of nioiley or in kind advanced by him" ..... in the commissioner of income-tax, bombay south bombay,v.messrs. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1977SC2279; (1977)4SCC98; [1978]1SCR338; [1977]40STC497(SC)
..... 1005 the bench of the gujarat high court held that section 12a(4) of the bombay sales tax act, 1946 was clearly a provision providing for penalty if any person collects any amount by way of tax in contravention of the provisions of sub-section (1) or (2) of section 12a and therefore it was a valid exercise of incidental or ancillary power of legislation. ..... nor are we impressed with the contention turning on the dealer being an agent (or not) of the state vis a vis sales tax; and why should the state suspect when it obligates itself to return the moneys to the purchasers we do not think it is more feasible for ordinary buyers to recover from the common run of dealers small sums than from government. ..... ) applicable during the relevant period to the gujarat state, although the state of maharashtra itself has since modified the law, as pointed out by shri nariman, who intervened on behalf of that state, to supplement and substantiate the validity of the legislation.4. ..... the maharashtra state, for whom he aopears, is the intervener and the maharashtra legislation has a better sense of equity, the dealer being absolved from purchasers' claims and government squarely undertaking to repay them. ..... the high court of maharashtra, however, has taken a diametrically opposite view and other high courts have ranged themselves on one side or the other in this controversy, while dealing with more or less similar statutes. ..... the state of maharashtra is the intervener in civil appeal no. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC217; 1971CriLJ267; (1970)3SCC213; 1971(III)LC63(SC)
..... section 3(1)(b) enables the government to make orders to detain a person 'if satisfied with respect to any person who is a foreigner within the meaning of the foreigners act, 1946, that with a view to regulating his continued presence in the state or with a view to making arrangements for his expulsion from the state, it is necessary so todo.'3. ..... the learned counsel who was appointed amicus curiae at the first hearing, said that under section 11(1) the board had to report within 10 weeks from the date of detention & as it had not reported within that period the detention was illegal. ..... it, however, appears that section 11 of the act had been amended by the jammu and kashmir preventive detention (amendment) act (j & k) (act viii of 1967) and for the words 'ten weeks' the words 'five months' were substituted.6. ..... it was further stated that the case of the detenu was referred to the advisory board as required under section 10 of the jammu and kashmir preventive detention act, and the opinion of the board was awaited.5. ..... during the course of investigation some more explosives had been recovered on his information the case was registered in p/s saddar jammu for contravening the provisions of india passport act, the enemy agents ordinance, the explosives substances act and sections 224 and 332 of the i.p.c. ..... isd : 530 of 1970 dated june 25, 1970, ordered that the petitioner be detained under section 3(1)(b) of the jammu and kashmir preventive detention act, 1964. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2013SC584; 2012(10)SCC575; AIR2012SCW5164
..... the appeal from the decision of the full bench of the bombay high court came to be considered subsequently on 29th september, 2011, when the constitutional validity of the maharashtra act was upheld with the rider that if any party wished to submit that it was not covered by the maharashtra act or the tamil nadu act, it would be open to them to take appropriate ..... who by his order dated 12th july, 2005, in pnl investors welfare association versus union of india, with reference to the sarfaesi act, the sick industrial companies (special provision) act, 1958, act 1 of 2005 and the provisions of the industrial disputes act, 1947, and in particular, section 25ff thereof, disposed of the writ petitions upon holding that the members of the workers association/workers, either individually or through their ..... money-lending and money- ..... . ganguli submitted that it had been clearly indicated therein that the mere absence of exercise of such power conferred under section 58b (5a) or 58g of the reserve bank of india act, could not by itself validate the impugned legislation where the government had proposed to protect the interests of depositors, in the public interest and in order to regulate the activities of ..... default even in payment of the first instalment, the bank proceeded further and under the provisions of sub-sections (2) and (4) of section 13 of the sarfaesi act took possession of the property offered as security and also initiated steps for sale of the same by .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC101; (1991)1CompLJ1(SC); JT1990(3)SC725; 1991LabIC91; (1991)ILLJ395SC; 1991Supp(1)SCC600; [1990]Supp1SCR142; 1991(1)SLJ56(SC)
..... were (i) whether the appellant-corporation was an instrumentality of the state so as to be covered by article 12 and 36 of the constitution and (ii) whether an unconscionable term a contract of employment entered into with the corporation was void under section 23 of the contract act and violative of article 14 of the constitution and as such whether rule 19(i) which formed part of the contract of employment between the corporation and its employees to whom the said rules applied, was void? ..... 2 made an application before the labour court under section 42(4) of the bombay industrial relations act contending that the order terminating her services was invalid as it was not passed by the competent authority as envisaged by the standing order and that the so called executive assistant to the general manager had no authority ..... shall take as many of the existing staff or labour as were possible and that those who could not be taken over shall be paid by the transferor company all moneys due to them under the law and all legitimate and legal compensations payable to them either under industrial disputes act or otherwise legally admissible and that such moneys shall be provided by the government of india to the transferor company who would pay these dues. ..... of this court was invited to the provisions of the industrial employment (standing orders) act, 1946, which applies to all industrial establishments whether in the public or private sector. ..... state of maharashtra : [1967] ..... of maharashtra v. .....
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