Court : Mumbai Nagpur
..... court has there in para 13 after noticing that said provision is parimateria with section 13(2) of the bombay rents, hotel and lodging house rates control act, 1947, relied upon the judgment of the hon'ble apex court in the case of badrinarayan chunilal ..... apex court has also noticed there in para 11 that provisions of bombay rent act do not lay down any guidelines or relevant factors for determination of ..... in this background, learned single judge in para 14 has held that requirement of section 16(2) of maharashtra rent control act, 1999, is interlinked with its second part ie about partial eviction and hence entire provision of section 16(1)(g) and section 16(2) with the second part has to ..... contention about the requirements and ingredients of provisions of section 16(2) of the rent act, shri shelat, learned counsel has placed reliance upon the judgment in the case ..... the learned counsel for wamanrao invites attention to provisions of section 16(2) of the rent act to urge that even if bonafide need is established, the norm of comparative hardship is required to be independently applied, feasibility of eviction from part of tenanted premises also needs to be evaluated and as that is the ..... premises and rent control order, 1949 (hereinafter referred to as rent control order) were withdrawn and there was nothing with the ..... order, 1949 (hereinafter referred to as rent control order) and those proceedings are saved by section 58(2) of the rent act. ..... rent control order, 1949, has remained in .....
Tag this Judgment!Court : Mumbai Nagpur
..... it is urged that responsible judicial officer like joint charity commissioner functioning under the bombay public trust act,1950 has ascertained market value on the relevant date on which sms trust invited offers and then sanction to sell under section ..... therefore, when a report of an expert is got produced by a claimant before the court giving market value of the acquired lands, the court may, choose to act upon such report for determination of the amount of compensation payable for the acquired lands, if the data or the material on the basis of which such report is based is produced before the ..... having noted that an agreement of sale did not in fact create interest in the property as contemplated under section 54 of the transfer of property act, gujrat high court held that on that account alone, it cannot be eliminated from being considered as a relevant and good piece of evidence if established as a bonafide transaction between a willing ..... he fairly stated that though damages awarded for period from 1/1/1981 till 19/2/1984 under section 23(1-a) of the 1894 act are unsustainable, he supported grant by pointing out the views expressed relief given by hon'ble 3 judges of apex court ( ..... to sell and the date of registration of the sale deed. ..... 1949 to state for office of divisional commissioner and accordingly establishment of divisional commissioner entered possession on 1/1/1981 and continued till 6/8/1985 when it was taken under the 1894 act. ..... rent control order, 1949 and therefore, as .....
Tag this Judgment!Court : Mumbai Nagpur
..... in this situation, he contends that the proceedings conducted on 20.03.2012 are in violation of provisions of section 31a of the bombay provincial municipal corporations act, 1949 (hereinafter referred to as corporation act) and being unsustainable, the same are liable to be quashed and set aside. 9. ..... he further states that as per second proviso to section 31a(2) of the corporation act, disqualification act and rules apply only after registration of party and till such registration, a corporator is free to change the side. ..... in facts before it, hon'ble apex court while appreciating argument that rules and regulations were not supplied to collector by aghadi while furnishing information under rule 3, concludes that registration must in any case, be complete in the light of gazette notification and entries in register. ..... the proviso further declares that once such a registration is made, the provisions of the disqualification act apply to the members of such postpoll aghadi. ..... before proceeding further, it is important to note that the provisions of disqualification act as such do not contain any requirement of registration of aghadi or front. ..... the petitioner has not pointed out registration of its samiti as required by rule 5 of disqualification rules and hence the effort to show defection of respondents no ..... the procedure for such registration is contained in the maharashtra local authority members disqualification rules, 1987. 28 ..... act does not expressly provide for such registration. .....
Tag this Judgment!Court : Mumbai Nagpur
..... servant, accepts or obtains or agrees to accept or attempts to obtain from any person, for himself or for any other person, any gratification whatever, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act or for showing or forbearing to show, in the exercise of his official functions, favour or disfavour to any person or for rendering or attempting to render any service or disservice to any person, with the central government or any state government or ..... 24] shri dalke, who had presented his gift deed for registration before the registration of sale deed of the complainant has given evidence that on that day he had purchased two flag day tickets of ..... defence the accused examined shri dalke, who had presented gift deed for registration and he examined one clerk from the office of joint district registrar. ..... the sub registrar had signed on the sale deed for registration purpose and xerox copy of original sale deed came to be collected along with copy ..... though the competent authority was working as inspector general of registration, maharashtra, one cannot expect such authority to have knowledge of provisions ..... deposed that as there was holiday, he went to jalgaon jamod, for depositing registration charges on 16.4.1998 and on that day he deposited the charges. ..... the complainant presented the sale deed along with challan for registration, accused no.1 first asked the complainant about shri kharche ..... 293 (bombay high court) (tryambak lilaji binnar .....
Tag this Judgment!Court : Mumbai Nagpur
..... the above observations of the hon'ble supreme court have been made while construing the act of the maharashtra state, namely, the bombay prohibition act, 1949, but they seem to have no impact and the state is still not abiding ..... with the order of the collector, an appeal under section 137(2) of the bombay prohibition act, 1949 was filed before the appellate authority, namely, commissioner, state excise, maharashtra state. ..... no challenge to the policy of granting licence nor is there any plea that the bombay prohibition act, 1949 has been violated or its provisions have been breached in any manner. ..... liquor and causing nuisance to patients and those who are ailing and suffering, if the nursing homes and hospitals are located in close vicinity, but beyond 75 or 100 metres. ..... medical, criminological and sociological testimony on a cosmic scale bears out the tragic miscellany of traumatic consequences of, shattered health and broken homes, of crime escalation with alcohol as the hidden villain or aggressively promotional antihero, of psychic breakdowns, insane cravings and efficiency impairment, of pathetic descent to doom sans sense, sans shame, sans everything, and host ..... wards today and saw that seven out of ten owed their diseases to alcohol, i could but lament that the teaching about this question was not more direct, more decisive, more home-thrusting than ever it had been." 21. ..... state excise is no authority to guide the police department and home ministry personnel on these matters. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the above observations of the hon'ble supreme court have been made while construing the act of the maharashtra state, namely, the bombay prohibition act, 1949, but they seem to have no impact and the state is still not abiding by ..... with the order of the collector, an appeal under section 137(2) of the bombay prohibition act, 1949 was filed before the appellate authority, namely, commissioner, state excise, maharashtra state. ..... no challenge to the policy of granting licence nor is there any plea that the bombay prohibition act, 1949 has been violated or its provisions have been breached in any manner. ..... liquor and causing nuisance to patients and those who are ailing and suffering, if the nursing homes and hospitals are located in close vicinity, but beyond 75 or 100 metres. ..... medical, criminological and sociological testimony on a cosmic scale bears out the tragic miscellany of traumatic consequences of, shattered health and broken homes, of crime escalation with alcohol as the hidden villain or aggressively promotional antihero, of psychic breakdowns, insane cravings and efficiency impairment, of pathetic descent to doom sans sense, sans shame, sans everything, and host ..... wards today and saw that seven out of ten owed their diseases to alcohol, i could but lament that the teaching about this question was not more direct, more decisive, more home-thrusting than ever it had been." 21. ..... state excise is no authority to guide the police department and home ministry personnel on these matters. .....
Tag this Judgment!Court : Mumbai Nagpur
..... (ix) the suit filed before the civil court was not maintainable and since the issue about the jurisdiction of the court bombay high court goes to the root of the matter, this court can very well consider the said issue particularly when there is a foundation in the pleadings so also in the note appended in the ..... to attract the vice of forfeiture of tenancy within the meaning of section 11(g) of the transfer of property act?yes.3)whether if not u/s 116 of the evidence act which specifically provides for estoppel of tenant;on the strength of general rule of estoppel couched in sec.115 of the evidence act, the appellanttenant forfeited the tenancy u/s 111(g) of the transfer of property act, and was estopped by his conduct in defending the suit on the ground that he could deny the derivative ..... a denial of title which falls foul or the rule of estoppel contained in section 116 of the evidence act is considered in law a malicious act on the part of the tenant as it is detrimental to the interest of the landlord and does no ..... it appears to me that the provisions of section 116 of the evidence act putting estoppel against the tenant, alternatively, if held to be inapplicable in the case of the appellant, still the rule of estoppel by conduct u/s 115 of the evidence act will come into play against him for raising such a false defence. ..... was liable to be rejected, not being admissible in evidence for want of registration. 13. ..... and berar rent control order, 1949 for grant of permission to issue .....
Tag this Judgment!Court : Mumbai Nagpur
..... . at any rate, the said note in schedule-i may have presumptive value under the bombay public trusts act but does not have any overriding effect in the matter of allotment of plots or lease by nit ..... . the reason is that there is one memorandum dated 13.11.1949 which is an unproved document and its photocopy is on record of the lower court in which it is stated that the nit leased out a plot of land, measuring about 1.955 acres, on the north ambazari road to shri ram education ..... . there is a document dated 17.08.1950 which is stamp receipt of rs.2500/- dated 16.08.1950 addressed to the society, memorandum dated 13.11.1949 about which i have already made a discussion ..... . it does not mean that in such an event the trial judge would make a decree in the suit in terms of the prayer made in the suit in the absence of requisite and satisfactory evidence before it by merely acting on the plaint averments or untrustworthy and insufficient evidence before it ..... . it is a statutory body under the nit act and, therefore, in the absence of legal and proper allotment, the alleged allotment propounded by the society cannot be given any importance .....
Tag this Judgment!Court : Mumbai Nagpur
..... which, and cognizable case to mean a case in which, a police officer may, in accordance with the first schedule or under any other law for the time being in force, arrest without warrant; section 118 of the bombay prohibition act, 1949, hereinafter referred to as prohibition act, lays down that in the absence or any provision to the contrary in said act, the provisions of the code of criminal procedure, 1898 with respect to cognizable offences apply to offences under it. ..... of circular dated 4.5.1974 issued by inspector general of police shows that the police officers were advised not to visit the shops to find out as to whether there is breach of conditions of abkari license circular dated 20.4.1982 issued by home department shows that even when there is definite information to police that in such a shop, the sale of liquor not covered by the license is made, the police officers are not to visit the shop and they ..... joshi, learned counsel for petitioner in writ petition no.452/2012 states that the police authorities on 26.08.2012 laid a trap and searched motor vehicle bearing registration no.mh 32/a-2595, because of secret intelligence received by it. ..... in this situation, registration of fir against the petitioner is itself unwarranted. 17. ..... mobile phone came to be seized from maruti swift vehicle having registration no.mh31/cp 0864. .....
Tag this Judgment!Court : Mumbai Nagpur
..... petitioner that when the meeting of the municipal corporation, amravati was fixed on 17/06/2014 for elections to the various committees under section 31a of the bombay provincial municipal corporation act, 1949, the divisional commissioner hurriedly fixed the matter for hearing on 16/06/2014 by a notice dated 13/06/2014. ..... it is submitted that in view of the provisions of section 31a of the bombay provincial municipal corporations act, 1949, specially the second proviso to section 31a(1) thereof, after an aghadi or front is formed by two or more recognised parties or registered parties or groups or elected councillors not belonging to any party within a ..... formed within a period of 30 days from the date of declaration of results would be deemed to be a registered pre-poll aghadi or front only for the purposes of the provisions of section 31a(1) of the bombay provincial municipal corporations act, 1949 for appointing or nominating the councillors on various committees. ..... congress party and 6 other councillors decided to form an agadhi or front and hence, the petitioner, who was elected as a leader of the front, applied to the divisional commissioner on 06/03/2012 for registration of the agadhi or front as nationalist congress party front and also for recognising the petitioner as a group leader of the front. ..... admittedly, there was no change in the aghadi and the entry in regard to the registration of the aghadi remained in the record as per rule 5 of the rules of 1987 till the impugned .....
Tag this Judgment!