Court : Mumbai
Reported in : AIR1978Bom119; (1977)79BOMLR499
..... to a few decisions of the federal court and supreme court where a note of warning has been struck against indiscriminate reliance being placed on australian and american decisions while interpreting our constitution : vide in the matter of the central provinces and berar sales of motor spirit and lubricants taxation act ; m p v sundararamier & co ..... counsel for the petitioners in support of the contention that the forest produce, of the private forests which vest in the state government under section 3 of the act, was not intended to pass to the state government, one based on the construction of section 3 read with the two definitions of 'forest' and 'private forest' given in sections 2(c-1) and 2(f) respectively and the other based on the absence of any provision for payment of compensation or amount for acquisition of forest produce in the ..... in this behalf reference was made to section 7 of the act and the following sections which make a provision for payment of amount to the owners of private forests and the machinery for determination of that ..... it is pointed out that section 7 contemplates payment of amount only for land and the basis of such payment is land revenue assessment actual or notional and the contention is that if felled trees and other forest produce had been intended to be acquired payment therefor would have been separately provided for and the absence of such provision indicates that forest produce, particularly felled timber, was not intended to pass to the state .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1977Bom274; (1977)79BOMLR105
..... it is also not possible to accept the submission that the jammu and kashmir high court has travelled beyond the law as laid down by the supreme court and that this court considering section 9 of the act and rule 30 and schedule iii for itself and bearing in mind the decisions of the supreme court earlier referred to should hold that the intention of the person who applied for a passport and received it or his lack of understanding or the ..... this purpose the said shri abdul rahim is required to submit within three months from the date of service of this notice on him to the government of maharashtra for onward transmission to and consideration of the central government, any representation that he may wish to make in the matter and any other material that he may wish to rely upon to prove that he has not voluntarily acquired the citizenship of pakistan. ..... absence of any intention on his part to acquire foreign citizenship or to renounce indian citizenship were considerations extraneous to and irrelevant for the decision to be given by the central government ..... the petitioner got the application typed from a typist near mandvi post office and obtained a pakistani passport on the strength of the said .....
Tag this Judgment!Court : Mumbai
Reported in : (1956)58BOMLR619
..... ' the act seems to be modelled upon the central provinces money-lenders act, section 11 of which is as follows:-power to direct payment of decretal amount by instalments. ..... it is true that the executing court has all the powers of the court which passed the decree in executing it, but while section 24 of the bombay money-lenders act empowers the court to grant instalments after it has passed a decree, it is unlike section 20 of the dekkhan agriculturists' relief act in that it does not empower it to do so in execution. ..... to the decree-holder, direct that the amount of any decree passed against him, whether before or after the date on which this act comes into force, in respect of a loan, shall be paid in such number of instalments and subject to such conditions, and payable on such dates, as, having regard to the circumstances of the judgment-debtor and the amount of the decree, it considers fit.the marginal note of the section is, 'power of court to direct payment of decretal amount by instalments. ..... , the legislature would not have been content to use an expression like 'the court' which, considering the context in which the words have been used, that is, they have been used in a section succeeding to sections in which only the trial court has been referred to, are to say the least, ambiguous and clearer words would have been used to indicate that the court to which the decree is transferred for execution also has got power to grant .....
Tag this Judgment!Court : Mumbai
Reported in : (1960)62BOMLR236
..... the relevant sections falling in this chapter, it is necessary to observe that the territory now termed as vidarbha which formed part of the old central provinces and berar or madhya pradesh has been integrated with the state of bombay under the states reorganisation act as and from ..... act is enacted to make better provision for the organization and administration of municipalities in the territories formerly known as 'central provinces ..... chairman shall, before proceeding to elect the president, call upon the members to determine the term for which the president shall hold office as required by the provisions of clause (a) of sub-section (3) of section 18.rule 5(3) reads:after determination of the term of office of the president at the meeting, the chairman shall read out to the meeting the names of all the candidates validly nominated and the ..... should notify the names of the elected members minus the name of the member notifying whose name is prohibited by the court, or whether he should wait till the election petition is decided. ..... from ward muncipal committee ..... our views as regards the validity of the vote cast by such an outgoing member or of his candidature for the election of the post of the president. ..... intended that the outgoing member should vote at the election of a new president or that he should get a right to contest the election for the post of the president. ..... vote at the meeting convened for the election of the president, but can even offer himself for the post of president. .....
Tag this Judgment!Court : Mumbai
Reported in : (1967)69BOMLR801; (1968)ILLJ222Bom; 1968MhLJ71
..... jamnaprasad preferred an appeal before the state industrial court and the state industrial court reversed the finding of the district industrial court and held that the petitioner was an 'industry' within the meaning of the central provinces and berar industrial disputes settlement act and, therefore, was liable to be proceeded against by an application under s. ..... differing from the state industrial court, therefore, it must be held that respondent 1 was not entitled to make an application to the district industrial court, as he was not an employee of the petitioner, an employer within the meaning of as the central provinces and berar industrial disputes settlement act. 16. ..... 41 of the central provinces and berar industrial disputes settlement act to the district industrial court on or about 24 june, 1963. ..... janpad sabha was a local authority constitute under the central provinces and berar local government act, 1948, in the old state of madhya pradesh. ..... the cattle impounded lawfully can be released by the pound-keeper on payment of the pound-fees and expenses chargeable according to the rules. ..... 164, it is the duty of the police officer and a watch and ward appointed by the panchayat and a private citizen is also enable to seize and take to any public pound for confinement therein, any cattle found straying in any street or trespassing upon any private or public property within ..... 162 and other cognate sections in chap. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1966Bom194; (1966)68BOMLR295; 1966MhLJ289
..... [c] every person is respect of land held by him as a raiyat malik in the central provinces; [d] every persons is repeat of land held by him as an occupant in berar; [f] every persons is respect of land held by him as an ante-alienation of tenant o a tenant of antiquity in berar in respect of which he has become lessee of the state under sub section [2] of the section 68 of the madhya pradesh abolition of proprietary rights [estates, mahals and alienated lands] act, 1950. ..... the petitioners claimed that having bona fide acted as a paten agent and in practice as such prior to the passing of the act he was entitled to the be registered with out payment of fees because he had passing to he act he was entitled to be registered with out payment of the fees because of had acquired a right under section 27 section 27 of had a saving clauses of which protected the rights of a person for an act done rights acquired or liability incurred before the commencement of this act and the question that was ..... it was therefore contend that in another decisions of the supreme court in : air1962sc723 , lands held by right ward pattadars from the district of south canara were not held to be estate and that decision of the supreme courts in kolhe's case, : [1962]1scr733 to hold that unalienated land held by a occupant in berar were not an estate. ..... graham [1899] 1 qb 406 may be useful. .....
Tag this Judgment!Court : Mumbai
Reported in : (1961)63BOMLR64
..... and (d) are not material.in exercise of the powers conferred on it by section 2 the government of madhya pradesh issued an order on july 26, 1949, called the central provinces and berar letting of houses and rent control order, 1949 and chapter ..... of the former state of madhya pradesh enacted the central provinces and berar act xi of 1946 to provide for regulating the letting and ..... it is argued that in the city of nagpur, the central provinces and berar letting of houses and rent control order of 1949 is in force, that order grants protection to the tenants and that being the position a tenant who is already occupying ..... the landlord shall not claim or receive any premium or other like sum in addition to rent, or any rent in excess of such fair rent; but the landlord may stipulate for the payment of such rent in advance each month;(b) any agreement for the payment of any sum in addition to rent or of rent in excess of such fair rent shall be null and void in respect of such addition or excess and shall be construed as if ..... it were an agreement for the payment of the fair rent;(c) any sum, paid in excess of or short of fair rent from the date of the filing of application, before the controller to the date on which the fair rent is ..... court that the corporation has preferred this revision under section 388 of the corporation act.3. ..... ward .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1971Bom203; 1970MhLJ975
..... by the state government in exercise of the power conferred upon it by section 2 of the central provinces and berar regulation of letting of accommodation act, 1946 (no. ..... the conditions which were prevailing when the act was made were not peculiar to the area comprised in the then state of central provinces and berar and later madhya pradesh, but were generally prevailing ..... ' this clause has undergone an amendment and after its amendment by an order called the central provinces and berar letting of houses and rent control (amendment) order, 1963 which came into force with effect from 20-7-63, the clause reads as under:'clause 13(3)(vi): if after hearing the parties ..... and berar regulation of letting of accommodation act, 1946 which was to be operative in the then state of central provinces and berar which later was renamed as ..... clothed with this power, the state government made an order known as the central provinces and berar letting of houses and rent control order, 1949, which contains clause 13(3)(vi) which is the subject-matter ..... it is further held that in the construction of such laws and particularly in judging of their validity the courts have necessarily to approach it from the point of view of furthering the social interest which it is the purpose of the legislation to promote, for the courts are not in these matters functioning as it were in vacuo, but as part of a society which is trying by enacted law, to solve its problems and achieve social concord and peaceful ..... ward .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(2)ALLMR127; 2003(4)BomCR712; 2003(1)MhLj203
..... ' section 58 of the act relating to the repeal and saving reads as under:--'section 58(1) on the commencement of this act, the following laws, that is to say, (a) the bombay rents, hotel and lodging house rates control act, 1947,(b) the central provinces and berar regulation of letting of accommodation act, 1946 including the central provinces and berar letting of houses and rent control order, 1949; and(c) the hyderabad houses (rent, eviction and lease) control act,1954, shall ..... notwithstanding anything contained in sub-section (1), it shall also apply to the premises or, as the case may be, houses let out in the areas to which the bombay rents, hotel and lodging house rates control act, 1947 or the central provinces and berar letting of houses and rent control order, 1949 issued under the central provinces and berar regulation of letting of accommodation act, 1946 and hyderabad houses (rent, eviction and lease) control act, 1954 were extended and ..... purohit, the learned counsel for the applicant, that since the plaintiffs have challenged the order passed by the additional collector, gondia, in fixation of fair rent proceedings, by filing a writ petition before this court, it can very well be said that they have submitted to the jurisdiction of the rent controller and since they had not obtained prior permission of rent controller before issuing notice to quit, the suit filed ..... 7, situated at seth pratap ward, gondia and the defendant is in occupation of a total area admeasuring 6375 .....
Tag this Judgment!Court : Mumbai
Reported in : 1949CriLJ165
..... was not drawn at the time of the arguments to the difference between section 2 (1) (a), central provinces and berar public safety act and the corresponding section in the bombay act, in the latter, only a person acting in a manner prejudicial to public safety etc, can be detained whereas under the act which we are considering even a person considered likely to act in this prejudicial manner can be detained. ..... observed:the expression 'improperly ' in that section cannot include any consideration of the question whether the legislation in question is proper, for it is beyond the province of a court to consider any such matter.the local legislature, within its sphere, can alter or modify any previous legislation and create exceptions to tights given by previous enactments, and, therefore, the mere fact that ..... what applies to the bombay act does not necessarily apply to the central provinces & berar act which invests much greater powers ..... has reasonable cause to believe' introduced a personal and not an impersonal requirement and observed that a decision on such question could manifestly be taken only by one who had both knowledge and responsibility which no court could share, the question being one of preventive detention justified by reasonable probability, not of criminal conviction, which can, only be justified by legal evidence. ..... an unlawful body immediately after, wards points to a continuity of action in which the arrest and detention of persons intimately connected with the .....
Tag this Judgment!