Court : Mumbai
Reported in : 2001(4)BomCR35; (2001)3BOMLR65
..... of space for carrying on their trade.23. thereafter it is submitted in this reply that when the a.p.m.c. act came into force, bamboo and fire wood were initially included in the schedule to the act. these en tries were subsequently deleted on 31.8.1977 but were again brought back on 6.2.1995 but the regulation there ..... plan then the public purpose continues, and it lapses only when the land is not acquired within 10 years from the date on which the final plan comes into force and the land is not acquired within 6 months after service of a notice by the land owner in that behalf. he relied upon section 127 of the m ..... medical colleges a numerous students whose performance in the university examination was known to be satisfactory had secured very low marks in the interview. on the other hand, a large number of students who had secured very high marks in the university examination had secured very low marks in the interview. yet the court observed : 'this circumstance is undoubtedly disturbing .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(4)BomCR147; 2009(111)BomLR2108
..... the respondent filed his initial application for eviction of the petitioner under section 23 of the goa, daman and diu buildings (lease, rent and eviction) control act, 1968 (the act). the application was filed in november 1976. the applicant averred that he was the landlord of the suit house bearing house no. 247 at margao and that ..... 's case. he therefore, considered that the circumstance is not one which the cause of action arose under rule 9(c) of the rules framed under the act which would give cause of action to the applicant. on these grounds, he dismissed the application. the applicant appealed before the administrative tribunal, goa under eviction appeal ..... of the administrative tribunal, he was married. he then lived with his in-laws. hence his bonafide requirement has been considered.18. under section 23 of the act the landlord's right to obtain possession by an application to the rent controller was available if the landlord was not occupying a residential building 'of his own .....
Tag this Judgment!Court : Mumbai
Reported in : 1982(1)BomCR619
..... the contents of these three documents are not binding on defendant no. 1 as those documents were entered into by the predecessors of defendant no. 1 without securing the prior sanction of the ruler of miraj state. the trial judge further held that the properties described in schedule a to the plaint are saranjam properties and ..... an express provision, permitting such transfer, in the terms of the grant. these rules being issued under powers reserved to the government under the enactment, have statutory force and are determinative of the rights of the saranjamdars on all matters with which they deal. rule (ii) provides that a saranjam shall be decided to be hereditarily ..... rs. 6500/-. defendant no. 14 was a protected tenant cultivating this land and was entitled to purchase it under the provisions of bombay tenancy and agricultural lands act. the transfer effected in favour of the protected tenant was in accordance with law and was approved by the mamlatdar and as such the property is not .....
Tag this Judgment!Court : Mumbai
Reported in : (2001)168CTR(Bom)99; [2001]249ITR612(Bom)
..... is unit scheme. it provides for facilities to the participants (unit holders) in the income, profits and gains arising out of the acquisition, holding, management or disposal of securities by the trust. this section shows that the participants are unit holders. that, they participate in the income, profits and gains, that, the word 'income' is ..... section, the central government is empowered to specify any other institution, as it may think fit, to be a public financial institution. the finance (no. 2) act of 1991, came into force on and from october 1, 1991. therefore, upto october 1, 1991, the uti was not a credit institution. on and from october 1, 1991, the ..... deals with providing facilities for participation in the income, profits and gains arising out of acquisition, holding, management or disposal of securities by the trust. under section 23 of the uti act, the word 'income' of the trust is defined. according to learned counsel, section 23(i)(a)(c) as also section 23(ii)(a)(c) shows .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(2)ALLMR129; 1998(4)BomCR849
..... as such held the bye-laws to be statutory in character.attention may also be drawn to section 9(4) of the securities contract act which requires previous publication of the bye-laws before they can come into force. publication is another incidence of subordinate legislation. therefore, in my view there is no difficulty in holding that the bye- ..... framed by b.s.e. was under consideration. several contentions were raised therein namely that the bye-laws were bye-laws previous to the coming into force of the securities contracts act and also that they were not published. the learned single judge held that they were saved and in so far as pre ..... and save in so far as is otherwise provided by any law for the time being in force, the provisions of this act shall apply to all arbitrations and to all proceedings thereunder.'8. bye-laws have been framed under the securities contracts (regulation) act, 1956. the entire argument is based on the assumption that the arbitration agreement as provided under .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(5)ALLMR671; 2008(6)MhLj496
..... title or interest in the property, which is admittedly over rs. 100/- in value it would be compulsorily registrable under section 17(1)(b) of the registration act. according to the learned counsel for the appellant exh.43 was, in fact, deed of partition and was compulsorily registrable and therefore, the suit land was not ..... to the learned counsel for the appellant, document exh.43 was executed to record partition, hence, registration was compulsory under section 17(2) of the indian registration act. it is also contended by the learned counsel for the appellant that the suit property was granted to mahadeo by range forest officer for the purpose of cultivation. ..... they have been executed on or after the date on which act no. xvi of 1864, or the indian registration act, 1866 (20 of 1866) or the indian registration act, 1871 (8 of 1871) or the indian registration act, 1877 (3 of 1877), or this act came or comes into force, namely:(a)....(b) other non-testamentary instruments which purport or .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(5)BomCR685; 2007(207)ELT217(Bom); 2006(4)MhLj571
..... before the magistrate, in every case, cannot result in setting aside, ipso facto, of the orders of confiscation passed by the competent authority under the act. that merely because there was acquittal in the trial before the magistrate, due to paucity of evidence or otherwise, would not entail nullification of the ..... and the gold (control) administrator, ramratan srivallabh chandak made an application to the central government under the then existing section 82(2) of the gold control act. however, the said application came to be transferred to the tribunal. during the pendency of appeal before the tribunal, ramratan srivallabh chandak died and his legal ..... and gold (control) appellate tribunal (for short, 'the tribunal'). 2. on the basis of the information received by the concerned authority under the gold (control) act, 1968, the search was conducted in the residential premises of ramratan srivallabh chandak (since deceased) on 25th march, 1974. the search continued for three days. during .....
Tag this Judgment!Court : Mumbai
Reported in : 1990(1)BomCR136
..... chancellor in exercise of his emergency powers contained in the proviso in para 1 of statute 51 of the p.k.v. statutes, 1969 framed under the p.k.v. act, 1968. the said promotion was made on a purely temporary basis until further orders subject to its further processing as per the university rules and regulations in this behalf. the ..... the aforesaid subject in the veterinary college at nagpur on 29-4-1969.21. it may at this stage be seen that as already pointed out the p.k.v. act was enacted in 1968 and as per the g.r. dated 20-10-1969, the petitioner was allocated to the p.k.v. where he was subsequently absorbed. in april ..... take charge of his post for which officiating allowance was paid to him.5. at this stage, it may be seen that in 1968, the punjabrao agricultural university (krishi vidyapeeth) act, 1968 was enacted and by the government resolution dated 20-10-1969 the petitioner was allocated to the punjabrao krishi vidyapeeth (for short, 'the p.k.v.') which services originally .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(6)ALLMR5; 2006(6)BomCR739; [2007(112)FLR273]; (2007)ILLJ865Bom; 2006(6)MhLj377
..... by the division bench in century textile case, and therefore, it has to be upheld. it is submitted that during * the last 36 years though the act has been in force, regular workmen on the rolls of employers within the scheduled employment have not been registered.13. it is submitted that in the referring judgment the learned division ..... also by way of penalty, a surcharge of such amount not exceeding 10 per cent of the amount to be remitted as the board may determine;(e) for securing that, in respect of period during which employment or full employment is not available to registered unprotected workers though they are available for work, such unprotected workers will, ..... workers who do not get any employment on a given day, getting minimum wages even for that date. the object of the present legislation is not only to secure benefit as regards the terms and conditions of services of the unprotected workers or to provide them with the benefits of provident fund, leave with wages, gratuity etc. .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(2)ALLMR858; 2002(5)BomCR370
..... dire need of some accommodation. he admitted that his residence with mr. parekh was a temporary arrangement and he was looking after for better accommodation and wanted to secure accommodation on ownership basis wherever he was getting facility of instalment. he had also seen a couple of properties. thereafter he met his father-in-law by end ..... s wife to leave matrimonial home soon after the death of his father-in-law, leaving the minor daughter sangeeta and plaintiff no. 1 and singhania family have forced his wife to reside with plaintiff no. 1 and singhania family in order to have full control over her, so that she may do certain things which she ..... value. subsequently the company after calling upon the respondent to hand over possession of the flat, instituted a complaint against the respondent under section 630 of the companies act. respondent filed a suit for specific performance of the agreement of sale and in the circumstances, it was held that no commitment was made by the managing .....
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