Court : Mumbai
Reported in : 2003(2)ALLMR409; 2003(3)BomCR481
..... therefore, on an interpretation of sections 7(1) and 10(4) of maharashtra act xxiii of 2001 on one hand, as well as of section 10(1c) of the bombay provincial municipal corporations act, 1949 as amended by maharashtra act 11 of 2002 on the other, it would be apparent that the legislature has required that apart from a mere invalidation of a caste certificate, an additional factor has to exist before a candidate can be regarded as being disqualified from holding electoral ..... in so far as the bombay provincial municipal corporations act, 1949 is concerned, this being the applicable act in the present case, section 10 of the act was amended by the insertion of sub-section (1b) and (1c) therein in the following terms:'(1b) (a) a person shall be disqualified for being a councillor or for contesting an election for being elected as a councillor, for a period of six years, if, an order is passed by the concerned authority, under section 12 or as the case may be, section 16, holding that such person was elected as a councillor to a seat which was reserved for a member belonging to a scheduled caste, scheduled tribe ..... the court is not a fact finding authority nor does it substitute its own opinion for that of the committee.i. .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(1)ALLMR347; 2006(1)MhLj308
..... in the said case, the division bench while dealing with the interpretation of section 10 and 11 of the act, as well as section 10(1-c) of the bombay provincial municipal corporations act, 1949, as amended by maharashtra act no. ..... resolution dated 15th june, 1995, three goals are achieved by the state, firstly, to provide for reservation of 2% for special backward category in the employment of the state government, semi-government, government controlled corporations, municipal corporations, municipal councils, zilla parishads, co-operative banks, government undertakings and educational institutions, secondly, to provide reservation at the stage of initial appointment, so also, at promotional stage, and, lastly, to provide protection to the persons belonging to the special backward category in regard to the appointments ..... the legislature was conscious of the fact of the declaration made by the government by issuing the resolutions dated 7th december, 1994 and 15th june, 1995, which carved out a separate category of backward castes.we shall now advert our attention to section 3 of the act which reads thus :'any person belonging to any of the scheduled castes, scheduled tribes, de-notified tribes (vimukta jatis), nomadic tribes, other backward classes or special backward category, required to produce a caste certificate ..... per contra, the respondent has relied upon a judgment reported in 2003 105(4) bom. lr. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(4)BomCR144; (2007)109BOMLR1333; 2007(4)MhLj871
..... after section 31 of the bombay provincial municipal corporations act, 1949, the following section shall be ..... second respondents ignored the relative strength of the parties as was required by the provisions of section 31a of the maharashtra municipal corporations (amendment) ordinance, 2007 which hereinafter shall be referred to as 'ordinance'.the petitioners in writ petition ..... 1, passed by the municipal corporation of the city of nashik in its general body meeting held on 7.4.2007 as being null and void.it may be mentioned that the general body of the municipal corporation of city of nashik has 108 members ..... to ensure that all the recognised parties and groups in the corporation are adequately represented in the committees constituted under the corporations acts, the government considers it expedient to amend these acts to provide for the nomination of members of the committees in proportion to the strength of the political parties of groups in the corporation.the first proviso to section 31a(2) of the ordinance sets out that nothing contained in this sub-section be construed as preventing the corporation from nominating on the committee any member ..... in other words, recognised or registered political parties can also come together; they can also come together with independents or independents themselves can come together and form aghadi or group as set out therein in which event such aghadi or group depending upon their relative strength would also be entitled to nominate .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC1659; 2003(2)ALLMR(SC)725; JT2003(5)SC509; (2003)9SCC731; [2003]1SCR1112
..... gen 1596/194/c.r.126/96/ud-24 whereas the total population of the jalgaon municipal council comprising jalgaon smaller urban area, district jalgaon, is according to the provisional figures of the census of the year 2001, is 3,68,579;and whereas, the government of maharashtra having regard to the factors mentioned in clause (2) of article 243q of the constitution of india considers it expedient to declare, under sub-section (2) of section 3 of the bombay provincial municipal corporations act, 1949 (bom. ..... lix of 1949), (hereinafter referred to as 'the said act'), the said jalgaon smaller urban area of the jalgaon municipal council to be larger urban area;now, therefore, in exercise of the powers conferred by sub-section (2) read with sub-section (2a) of section 3 of the said act, and after previous publication of the draft notification as required by sub-section (4) of said section 3, the government of maharashtra hereby specifies the 18th december, 2001 to be the date from which the area specified in the schedule appended hereto, which comprise of the whole of the jalgaon ..... amendment of section 3 of maharashtra xi of 1965 -- in section 3 of the maharashtra municipal councils, nagar panchayats and industrial townships act, 1965 (hereinafter referred to as 'the municipal council act') in sub-section (3) for the words 'two months' the words 'not less than thirty days' shall be substituted.3. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2006Bom153; 2006(2)MhLj612
..... (2) nothing contained in sub-section (1) shall apply to suits or proceedings for recovery of possession of any immovable property or of license fee or charges or rent thereof, to which the provisions of the bombay rents, hotel and lodging house rates control act, 1947, the bombay government premises (eviction) act, 1955, the bombay provincial municipal corporations act, 1949 or the maharashtra housing and area development act, 1976, or any other law for the time being in force, apply.26-a. ..... of this court has considered the position in light of 1984 amendment of act and has found that provisions of section 26 cannot be regarded as continuation of the jurisdiction, however limited, which the court of small causes had under items 4 and 8 of the second schedule, but the object was to create a larger jurisdiction for entertaining the suits and proceedings which till the amendment could not be entertained by court of small causes and to make the orders and decrees of the court of small causes subject to an appeal ..... in sub-section (2), for the words and figures 'the bombay housing board act, 1948 or any other law for the time being in force, applies', the words and figures 'the maharashtra housing and area development act, 1976 on any other law for the time being in force, apply', have been substituted. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1998Bom53; 1998(1)BomCR692; (1998)1BOMLR812; 1998(2)MhLj445
..... be out of place to mention that the provisions of the bombay provincial municipal corporations act are almost identical to the provisions of the bombay municipal boroughs act and the maharashtra municipalities act. ..... expression 'current official year' appearing in taxing rules under the bombay provincial municipal corporations act refers to only that official year which is running at the time when the amendment of assessment list takes place and, therefore, assessment could not be given retrospective effect. ..... it was noted that the relevant provisions of the bombay municipal boroughsact and maharashtra municipalities act are in para materia and in that view of thematter, the supreme court held that alteration made in the assessment list after following the procedure under section 123(1) of the maharashtra municipalities act does not become effective for any period prior to the commencement of the official year in which the alteration in the assessment list is made and the municipality is not entitled to levy tax for an official ..... there was no reply from the respondents to the said letter, the cantonment executive officer sent to the respondents a notice dated 1st march 1983 under section 71 of the act for amendment of the assessment list whereby the respondents were informed that the cantonment board proposed to amend the assessment list in respect of the respondents' property in view of the additional new constructions so as to assess the value of the property at ..... 1972 (75) bom.l.r. .....
Tag this Judgment!Court : Mumbai
Reported in : (1986)88BOMLR68; 1986MhLJ150
..... bombay,(b) a municipal corporation constituted under the bombay provincial municipal corporations act, 1949,(c) a municipal borough constituted under the bombay municipal boroughs act, 1925,(d) a municipal district constituted under the bombay district municipal act, 1901,(e) a cantonment, or(f) any area included in a town planning scheme under the bombay town planning act, 1954:provided that if any person has acquired any right as a tenant under this act on or after the 28th december 1948, the said right shall not be deemed to have been affected by the bombay tenancy and agricultural lands (amendment) act, 1952, or (save as expressly provided in section ..... in these two petitions which arise out of the proceedings under the bombay tenancy and agricultural lands act, 1948, hereinafter referred to as 'the act', questions about the validity of section 6 of the maharashtra amendment act x of 1977 which deleted section 43d of the act as also the interpretation of section 6 of the said amending act arise for consideration. ..... state of bombay (1958) 61 bom. l.p. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1982Bom312; (1981)83BOMLR573; 1982MhLJ417
..... 1981, the ordinance was issued as the state legislature was not in session and the governor was satisfied that the circumstances exist which render it necessary to take immediate action to amend the maharashtra municipalities act, 1965 and also the bombay provincial municipal corporations act, 1949 and the city of nagpur corporation act, 1965 and also the bombay provincial municipal corporations act, 1949 and the city of nagpur corporation act, 1948. ..... in lst ii of the constn reads as under:-'local government, that is to say the constitution and powers of municipal corporations, improvement trusts, district boards, mining settlement authorities and other local authorities for the purpose of local self-government of village administration. ..... enables the state legislature to, legislate in regard to the constitution and powers of the municipal corporations. ..... made it very clear that it is not open for the state government to claim that the elections will not be held but the powers under section 48a of the act would be exercised even after the expiry of the term has still not run out of its period. ..... by taking into consideration the pith and substance of the legislation and well-settled principle that entries in the list attached to the schedule of the constitution should be liberally construed the challenge on the ground of legislative competency deserves to be ..... the government of the state of maharashtra reported in (1982) 64 bom lr. ..... judgment, the powers could be exercised by 1982 bom. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(5)ALLMR683; 2008(1)BomCR867
..... municipal corporation, nanded, disqualifying the present respondent to act as councillor of the said corporation, in exercise of powers under section 10(1d) of the bombay provincial municipal corporations act, 1949 (for short the bpmc act), is quashed and ..... municipal corporation of greater mumbai and ..... for being a councillor, if such councillor has constructed or constructs by himself, his spouse or his dependent, any illegal or unauthorised structure violating the provisions of this act or the maharashtra regional and town planning act, 1966 or the rules or bye-laws framed under the said acts; or his directly or indirectly been responsible for, or helped in his capacity as such councillor in, carrying out such illegal or unauthorised construction or has by written ..... scheduled castes, scheduled tribes, or as the case may be, backward class of citizens, shall be required to submit, along with the nomination paper, caste certificate issued by the competent authority and the validity certificate issued by the scrutiny committee in accordance with the provisions of the maharashtra scheduled castes, scheduled tribes, de-notified tribes (vimuka jatis), nomadic tribes, other backward classes and special backward category (regulation of issuance and verification of) caste certificate act, 2000.it is to be noted that by maharashtra act ..... sub-sections (1b) and (1c) of section 10 of the bpmc act is that one has to fall back on the amended provisions of section 5-b of the bpmc act and the ..... bom .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(6)MhLj111
..... (2).nothing contained in sub-section (1) shall apply to suits or proceedings for the recovery of possession of any immovable property or of licence fee or charges or rent thereof, to which the provisions of the bombay rents, hotel and lodging house rates control act, 1947, the bombay government premises (eviction) act, 1955, the bombay provincial municipal corporations act, 1919 or the maharashtra housing and area development act, 1976 or any law for the time being in force, apply....8. ..... section 26 of the act of 1887 had been repealed by the presidency small cause courts law amendment act of 1888. ..... the provisions of the provincial small cause courts act, 1887 have been enacted to consolidate and amend the law relating to the courts of small causes established beyond the local limits of the ordinary original civil jurisdiction of the high courts of calcutta, madras and bombay. ..... - notwithstanding anything contained in section 16, all suits and other proceedings cognizable by the cout of small causes under this chapter and pending in the district court or the court of any civil judge on the date of coming into force of the provincial small cause courts and presidency small cause courts (maharashtra amendment) act, 1984 shall be continued and disposed of by the district court or the court of the civil judge, as the case may be, as if this chapter had not been enacted....11. .....
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