Judgment Search Results Home > Cases Phrase: bombay prohibition of simultaneous membership act 1957 maharashtra section 3 vacation of seats by persons already members of one house on election to other hose of state legislature Page 1 of about 6 results (0.236 seconds)

Sanwarmal Kejriwal Vs. Vishwa Co-operative Housing Sciety Ltd. and Oth ...

Court : Supreme Court of India

Reported in : AIR1990SC1563; (1990)92BOMLR304; JT1990(2)SC200; 1990(1)SCALE398; (1990)2SCC288; [1990]1SCR862

..... member, past member or a person claiming through a member, past member or a deceased member of the society....sub-section (3) reads as under:save as otherwise provided under sub-section (2) to section 93, no court shall have jurisdiction to entertain any suit or other proceedings in respect of any dispute referred to in sub-section (1)sub-section (2) of section 93 lays down that:notwithstanding contained in this act the cooperative court may, if it thinks fit suspend any proceedings in respect of any dispute, if the question at issue is one ..... legislature was fully aware of the acute paucity of housing accommodation in the metropolitan cities of greater bombay and other urban areas in the state ..... legislature, therefore, stepped in and by maharashtra act 17 of 1973 the following provisions were inserted in the rent act.after referring section 15a(1) and section 5(4a) of the rent act this court proceeded to observe as under:as a result of the introduction of section 15a and section 5(4a) of the rent act by maharashtra act 17 of 1973, the licensee of any premises or any part thereof in a building vesting in or leased to a cooperative housing society registered or deemed to be registered under the act ..... the bye-laws are fulfilled an application for membership may be rejected.after pointing out that the right ..... prohibition of sub-letting in section ..... simultaneously made, in the preamble of the rent act ..... vacate the premises the society commenced proceedings under section 91(1) of the societies act .....

Indian Hotel and Restaurants Association (AHAR), an Association duly r ...

Court : Mumbai

Reported in : 2006(3)BomCR705

..... trade in liquor may not be a fundamental right, but in so far as the state of maharashtra is concerned, a law having been enacted for carrying on trade in liquor by licensees holding valid licences issued under the bombay prohibition act, 1949 read with the bombay foreign liquor rules, 1953, the petitioners' members, who are the holders of such licences, have a statutory right which can be invaded ..... enacted, or even thereafter, which can include the history of the times, the antecedent state of affairs and the like.in order to support their contention that the restriction is reasonable the learned advocate general has principally relied on the experience of the legislature as reflected in the deliberations in the house, the unanimous passing of the bill, the calling attention motion and the reply ..... section 33a is, therefore, arbitrary, artificial or evasive and in any case is based on no intelligible differentia which distinguishes persons visiting dance bars on one hand and tamasha theatre, three starred and above hotel on the other ..... cannot dance simultaneously on ..... were employed in the dance bars considering the membership claimed by bharatiya bar girls union and the figures produced by the state that in 154 establishments having p.p.a ..... of the elected representatives of the people and their cognizance of the prevalent state ..... the subject matter of the amendment already covered by laws enacted by the parliament under list iii and if so is section 33a repugnant to the law made ..... ..... .....

Walkeshwar Triveni Co-op. Hsg. Vs. Income Tax Officer, Ward 7(7)

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2004)267ITR86(Mum.)

..... members do not remain as a class as because there are distinct categories of members, one occupying the flat and the other not occupying and letting or providing to the nominal member ..... membership to the secretary or even entering the applicant's name in the register of members does not make him a member, rule 19 of the maharashtra co-operative societies rules, 1961, requires various conditions to be complied with for admission for membership ..... section 4 the mcs act provides for registration of co-operative societies in the state of maharashtra ..... edited by g s a wheat croft, at pages 1200 and 1201; dealings with "mutual trading operations", the law is stated, thus: "in several early cases there were dicta t the effect that a man could not make a profit by trading with himself; this developed in to the proposition that when persons contribute to a common fund in pursuance of a scheme for their mutual benefit, having no dealings or relations with any outside ..... membership together with payment of necessary fees does not invest a person with the position of a member.this is so because while admitting an application to membership, the managing committee has to consider not merely compliance of technicalities but also the position, status, desirability of a person to be a member ..... bombay housing board and another, 1954 (041) air-0153 sc, hon'ble apex court has held that co-opertive housing societies may earn profits which may be distributed amongst their members ..... act prohibits ..... persons simultaneously .....

State of Maharashtra and anr Vs. Indian Hotel and Retaurants Assn.and ...

Court : Supreme Court of India

..... under sub-section (1) of section 33 for the area under their respective charges, on and from the date of commencement of the bombay police (amendment) act, 2005,- (a) holding of a performance of dance, of any kind or type, in any eating house, permit room or beer bar is prohibited; (b) all performance licences, issued under the aforesaid rules by the commissioner of police or the district magistrate or any other officer, as ..... the members of the state legislature, from ruling and opposition sides, pointed out that such dance bars are used as meeting points by ..... legislation is founded fulfils this requirement, then the differentia which the legislation makes between the class of persons or things to which it applies and other persons or things left outside the purview of the legislation cannot be regarded as a denial of the ..... membership of 5000, whose | | |members work as bar girls in different parts | | |of maharashtra ..... , upon consideration of the issue, observed as follows: ".in short, the elected representatives of the state of new york have chosen to avoid the disturbances associated with mixing alcohol ..... , courts must be cautious about reaching a conclusion respecting them contrary to that reached by the legislature; and if the question of what facts establish be a fairly debatable one, it is not permissible for the judge to set up his opinion in respect of it against ..... simultaneously ..... 14 to which reference has already been made in the earlier ..... it, and customer seats should be at ..... vacated .....

Walkeshwar Triveni Co-operative Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2004)88ITD159(Mum.)

..... members do not remain as a class as because there are distinct categories of members, one occupying the flat and the other not occupying and letting or providing to the nominal member ..... section 4 of the mcs act provides for registration of co-operative societies in the state of maharashtra ..... last sukta 191 of mandala 10 of rigved the following three verses are significant : lekuks ea=% lfefr lekuh lekua eu% lg fpes"kke~ lekua eu=kfhka e=s; o% lekusu oks gfo"kk tqgksfe lekuh o vkr% lekur kfu o% oh, men, you be of one thought, talk the same philosophy, be of the same mind and just as the gods with common intelligence eat the same oblations, so you with common intelligence share the wealth together.oh, men, you should ..... for admission to membership together with payment of necessary fees does not invest a person with the position of a member.this is so because while admitting an application to membership, the managing committee has to consider not merely compliance of technicalities but also the position, status, desirability of a person to be a member, etc. ..... gujarat co-operative societies act prohibits such division of ..... case of presidency co-operative housing society ltd (supra), hon'ble bombay high court has held that the receipt of the amount by the society can never be considered as akin to a windfall because the receipt of the amount by the society was under the terms of the contract which was entered into by the society with its members. ..... two persons simultaneously cannot hold .....

Namdeorao Madhavrao Thakre Vs. Dulaji Sitaram Patil

Court : Mumbai

Reported in : (1968)70BOMLR843; 1969MhLJ74

..... stated as follows:(a) the total number of councillors other than associate councillors who would compose the zilla parishad if there is no overlapping of the councillors elected under section 9(1)(a), the councillors co-opted under section 9(1)(b), and the councillors who become ex-officio members under section 9(1)(c);(b) the total number of councillors of the categories under clauses (a), (b) and (c) of section 9(1) who actually constituted the zilla parishad immediately after the general election ..... person who is elected and the seat which he occupies and a case is contemplated where there may be only one person but two seats which he occupies in which case he has to elect in writing which of the two seats he resigns from and upon failure to elect the provision is that all the seats ..... bombay under section 267a to have the resolutions of no-confidence passed against them set aside and asked that the zilla parishad be prohibited from doing any act ..... not less than one - fourth of the total number of members of the house has been given of their intention ..... election it would be difficult to say what is the 'total number of councillors' of the zilla parishad or its total membership, for if the elected councillors do not include among them a woman then two women have to be co-opted by the elected councillors, but if two women are already elected ..... seats vacated ..... (other than associate councillors) which occurs in sub-section (7) of section 49 of the maharashtra zilla parishad and panchayat samitis .....

P. Kasinathan and ors. Vs. Chief Secretary to Govt. of Madras and anr.

Court : Chennai

Reported in : AIR1967Mad21

..... en masse, in order to put into custody the active members of an opposition political group(members of the left-wing communist party), the illegality of the detention of such persons in jail, and defects or illegalities in the actual orders vitiating them or the service of such orders on persons already in custody; this group of arguments might be termed the ..... section 3(2)(15)(i) runs: 'notwithstanding anything in any other law for the time being in force' (the rules may provide for) 'the apprehension and detention in custody of any person whom the authority empowered by the rules to apprehend or detain.....................suspects, on grounds appearing to that authority to be reasonable, of being of hostile origin or having acted, acting, being about to act or being likely to act in a manner prejudicial to the defence of india and civil defence, the security of the state ..... mala fides were also raised, and certain of the pleas, such as, the simultaneous issue of a number of orders of detention on the same date, as ..... the person referred to, necessarily imply that the detaining authority must detain that person under such terms, as to maintenance and discipline, as the rule-making authority may specify; it is hardly a reasonable requirement of the legislature that the legislature should expressly ..... no term prohibiting the detenu ..... was a general one, and common to ..... membership ..... persons detained could hardly have affected those elections in another state ..... state of maharashtra ..... bombay conditions .....

P. Kasinathan and ors. Vs. Chief Sectetary to Govt. and anr.

Court : Chennai

Reported in : 1967CriLJ85

..... section 3(2)(15)(i) runs:notwithstanding anything in any other law for the time being in force' (the rules may provide for) 'the apprehension and detention in custody of any person whom the authority empowered by the rules to apprehend or detain.....suspects, on grounds appearing to that authority to be reasonable, of being of hostile origin or having acted, acting, being about to act or being likely to act in a manner prejudicial to the defence of india and civil defence, the security of the state ..... , in order to put into custody the active members of an opposition political group (members of the left-wing communist party), the illegality of the detention of such persons in jail, and defects or illegalities in the actual orders vitiating them or the service of such orders on persons already in custody; this group of arguments might be ..... other considerations, the very words of section 3(2)(15)(i) namely, 'apprehension and detention in custody' of the person referred to, necessarily imply that the detaining authority must detain that person under such terms, as to maintenance and discipline, as the rule-making authority may specify; it is hardly a reasonable requirement of the legislature that the legislature ..... also raised, and certain of the pleas, such as, the simultaneous issue of a number of orders, of detention on the same ..... term prohibiting the ..... a general one, and common ..... membership ..... persons detained could hardly have affected these elections in another state ..... state of maharashtra ..... bombay .....

Tata Chemicals Ltd. Vs.puro Wellness Pvt. Ltd.

Court : Delhi

..... the object of the cs(os) 403/2018 page 14 of 37 prohibition contained in section 10 is to prevent the courts of concurrent jurisdiction from simultaneously trying two parallel suits and also to avoid inconsistent findings on the matters in ..... , in the event, it is found that the intent itself is to convey the meaning which is disparaging then merely because an is available, the action by an aggrieved party would not be if a person wilfully and intentionally uses a disparaging expression and puts out an advertisement which can, plausibly, be construed as disparaging the goods and services of the other and that from making advertisement intention of putting out to seek benefit frustrated. ..... , the defendant did not comply with the recommendations given by asci, and has challenged the orders of the asci by means of a suit no.1167/2018 filed before the bombay high court, which is primarily on the ground that it is not a member of asci and is not bound by its recommendations. ..... maharashtra state ..... the order of the gujarat high court was not merely vacation of injunction on a technical ground as claimed by the plaintiffs ..... moreover, interim relief or membership of asci for all ..... uses an anti-caking agent being e- 536, which is permissible under the fss act, 2006 and also uses one iodisation agent, being potassium iodate.6. ..... argument of the defendant is that the plaintiff is indulging in gross abuse of process as there are three forums which are already seized of the same subject matter.14. .....

Kesavananda Bharati Sripadagalvaru and ors.Vs. State of Kerala and anr ...

Court : Supreme Court of India

Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1

..... one by the state legislature and the other by the state convention-it was argued that, the state convention was the appropriate method bo the exclusion of the state legislature, because the prohibition amendment (18th amendment) directly affected personal ..... house of parliament, and when the bill is passed in each house by a majority of the total membership of that house and by a majority of not less than two-thirds of the members of that house ..... the provisions relating to the reservation of seats for the minorities "shall not be amended ..... section 29 of the ceylon constitution act and were made with reference to interpretation of constitutional provisions which had a good deal of similarity (even on the admission of the advocate general of maharashtra ..... we have already stated about the ..... election of members of the house of representatives, to represent persons registered as citizens of ceylon under the indian and pakistani residents (citizenship) act ..... act, 1947, ghana independence act, 1957, federation of malaya independence act, 1957, nigeria independence act, 1960, sierra leone independence act, 1961, tanganyika independence act, 1961, southern rhodesia act, 1965, jamaica independence act ..... the state of bombay assembled in the ..... the simultaneous incoherent cry of a rabble, small or large, cannot be law, for it is unintelligible" see latham, "what is an ..... act imposed civic disabilities for 7 years on person to whom the act applied and provided for the vacation of the scat as a member .....