Court : Mumbai Nagpur
..... 2010 dated 21.12.2010 introducing environment tax by amending the bombay motor vehicles tax act, 1958 (hereinafter referred to as the 1958 act for short). ..... and others (supra), the division bench of this court at nagpur has held that when vehicles not using public road are subject to tax under the bombay motor vehicles tax act, 1958 levy would be declared as confiscatory in character and beyond competence of state legislature. ..... have already noted that the motor vehicle rendered unfit on any count is also subjected to bombay motor vehicles tax act, 1958 and definition of motor vehicle in section 2(2b) therein needs to be understood in this backdrop. 14. ..... the honble supreme court has also noted that before amendment vehicles used solely upon the premises of the owners were excluded from the definition ..... in this background that the honble apex court has then looked into the contention of state of orissa, that definition of motor vehicle in the said state act was not a definition by incorporation, but only a definition for reference. 13. ..... also pressed into service to show that the provisions relating to refund of tax contained in bombay motor vehicles act, 1958 is not applicable. ..... , though registrable under the motor vehicles act, dumpers were not motor vehicles for the purpose of orissa motor vehicles taxation act, 1930. ..... state of orissa (supra), is looked into by the division bench of this court in its judgment dated 11.03. ..... state of orissa); division bench judgment of this court in .....
Tag this Judgment!Court : Mumbai Nagpur
..... on 10th january, 1990, the government of maharashtra, by virtue of the powers vested in it under the provisions of the maharashtra municipal councils, nagar panchayat and industrial townships act, 1965 (for short the municipalities act) issued a notification declaring that with effect from 10th january, 1990 the area within the limits of the revenue village and gaothan of village shirdi would be a municipal area. ..... rule 40 of the meeting rules governing the meetings of gram panchayat requires each resolution to be sent to zilla parishad and section 137 of the 1958 act enables zilla parishad to call for records and zilla parishad never found it necessary to exercise that power. ..... the cognizance of grievance as pil is also questioned on various grounds and one of the contentions is subsequent amendment to letter treated as pil by the petitioners, can not be looked into as its part and parcel. 2. ..... 4 is the gram panchayat which claims to have sanctioned the same under section 52 of the bombay village panchayat act,1958, (hereinafter referred to as "the 1958 act" for short). ..... state of orissa)(para 20,22,25,26,28-7), hon'ble apex court has considered s.91, s.92 of orissa development authorities act (14 of 1982), and regn. ..... state of orissa)(para 20,22,25,26,28-7) is also relied upon to show how hon'ble apex court has approached the rampant problem of unauthorized illegal constructions in cuttack city. .....
Tag this Judgment!Court : Mumbai Nagpur
..... that, since the civil procedure code is applicable to the conduct of the election petitions under the bombay village panchayats act, 1958, in terms of order ii rule 2, the common election petition as filed was maintainable and for the said purpose, ..... section 15(2) inter alia discloses that an enquiry is postulated after the election petition is filed and thereafter the learned judge may pass an order, confirming or amending the declared result or setting aside the election and for the purposes of the said enquiry, the learned judge may exercise all the powers of a ..... be held by the judge and he may after such enquiry as he deems necessary pass an order, confirming or amending the declared result or setting the election aside. ..... the code of civil procedure, 1908 (v of 1908), the judge shall not permit (a) any application to be compromised or withdrawn or (b) any person to alter or amend by pleading unless he is satisfied that such application for compromise or withdrawal or the application for such alteration or amendment is bona fide or not conclusive." (5) .........(6) .........(7) ......... ..... notwithstanding anything contained in the civil procedure code, 1908, the judge shall not permit any application to be compromised or withdrawn, altered or amended, except in certain circumstances. ..... that notwithstanding anything contained in the civil procedure code, 1908, the judge shall not permit any application to be compromised, withdrawn, altered or amended except in special circumstances. .....
Tag this Judgment!Court : Mumbai Nagpur
..... prejudice to all these contentions or in the alternative, learned counsel for the petitioner has invited attention to opening part of section 124 (1) of the 1958 act to contend that it uses the word "rate" when it employs phrases "maximum rate and minimum rate". ..... to him, this resolution or then the procedure contemplated by it, is not only ultra vires the provisions contained in the bombay village panchayat act, 1958 (for short, the 1958 act") but also unconstitutional. ..... to him, resolution passed by the gram panchayat on 30th july 1994 is also based upon erroneous presumption that amendment as proposed to 1960 rules by the state government had come into force. ..... the words "minimum and maximum rate" used in section 124 (1) of the 1958 act does not employ the said word with its technical meaning as explained by honourable apex court in its judgment. ..... without prejudice to this, it is pointed out that the provisions of 1958 act contemplate a remedy of appeal in such matters and action of levy of tax can be assailed by the petitioner before the competent ..... that schedule has also been amended accordingly on 3.12.1999 and minimum and maximum rate has been specified by classifying "huts" into two types and other type of houses in five different ..... however, since amended provision has come into force after 3rd december 1999, it is not relevant for adjudication in present controversy. ..... needs to be noted that provisions of rule 7 of the 1960 rules have been materially amended on 3.12.1999. .....
Tag this Judgment!Court : Mumbai Nagpur
..... of section 42 and introducing sub-section (14a) of section 43, sub-section (1-a) of section 46, and section 49a of the said act being relevant, are reproduced below: objects and reasons while implementing the provisions of the bombay tenancy and agricultural lands (vidarbha region and kutch area) act, 1958, government found that to clarify the position, or to remove lacunae or to improve the measure it was necessary to make certain amendments and additional provisions in the ..... considering the question as to whether, in the case of lands belonging to a trust of an educational institution falling within section 129(b) of the tenancy act, 1958, the tenancy is heritable on the death of a tenant, by his heirs, the apex court, in the case of shriram mandir sansthan @ shri ..... was whether vesting of ownership of the field in question with the tenant by virtue of section 46 of the said act with effect from april 1, 1961 was affected by subsequent enactment of sub-section (14a) by act no.2 of 1962, brought into force with effect from march 1, 1962, the apex court held that the amendment introduced did not have retrospective effect, as the respondent no.1 became statutory owner of the land in his tenancy by ..... where the tenant in respect of agricultural land filed an application under section 36(1) of the bombay tenancy and agricultural lands (vidarbha region) act, 1958 alleging that he was in physical possession of the land in question till december 1963 when he was forcibly dispossessed. .....
Tag this Judgment!Court : Mumbai Nagpur
..... submits that in view of provisions relating to deemed sanction contained under section 52 of the bombay village panchayats act, 1958 (hereinafter referred to as the 1958 act ), petitioner is in position to raise slaughter house in that area. ..... such sanction is given, the slaughter house outside municipal area then becomes subject to all provisions of the 1965 act or bye-laws in force thereunder relating to such slaughter houses as if they were within the municipal area. ..... if sanction of collector is granted, then all provisions of 1965 act and of by-laws in force thereunder relating to such slaughter-houses apply to such slaughter houses though the same are beyond municipal ..... perusal of sections 268 and 269 of the 1965 act shows that same appear in chapter xx dealing with markets, slaughter-houses, trades ..... by amendment. ..... counsel appearing for respective respondents submit that provisions of section 268 of 1965 act cannot be permit municipal council to encroach upon the right of village panchayat under section 52 of the 1958 act. 6. ..... the provisions of section 268 of the 1965 act are enabling provisions. ..... section 268 of the act is about slaughter-houses ..... , learned counsel appearing for petitioner submits that provisions of section 268 of the 1965 act empower respondent no. ..... ajni, tahsil kamptee, district nagpur in accordance with the provisions of section 268 of the maharashtra municipal councils, nagar panchayats and industrial townships act, 1965 (hereinafter referred to as the 1965 act ). 3. .....
Tag this Judgment!Court : Mumbai Nagpur
..... thus, the right of a woman to participate in the democratic setup even by compulsory reservation finds source from the said panchayati raj amendment to the constitution, which unfortunately is still being not implemented in its letter and spirit, and on the contrary, the obstructions are created by the state legislature as well as the government in implementing ..... respondent no.1 applied under section 14 (1) (h) of the maharashtra village panchayats act, 1958, against the petitioner and stated in the said application that the petitioner is residing in undivided hindu family of her father-in-law yashwant tukaram tayde along-with her husband punjab yashwant tayde in house ..... finally, the panchati raj, the 73rd constitutional amendment which was the dream became true and came into effect ..... as a matter of fact, after introduction of 73rd amendment, constitutional status has been given to panchayati raj institutions as a result of which it has become a permanent feature in the indian political system, nay a third government. ... 49. ..... of explanation (ii), thus, clearly is in straight contravention of 1993 constitutional amendment regarding panchayati raj and reservations for women, and must be held to have lost its complete force, and rather must be deemed to have been removed from the maharashtra village panchayats act. 14. ..... of hindu law or hindu undivided family cannot be allowed to take a place above the constitutional provisions and the constitutional amendment regarding panchayati raj. .....
Tag this Judgment!Court : Mumbai Nagpur
..... our conscious permits such type of interpretation to defeat the very object of the bombay village panchayats (amendment) act, 2006. ? ..... we find that there is a definite object in making the said amendment to the provisions of disqualification and the object is that one, who encroaches upon the government land or the government property, cannot make any claim to represent the people by becoming an elected member of ..... stands disqualified from continuing as member of the gram panchayat under section 14(1)(j-3) of the maharashtra village panchayats act, 1958 (for short, the said act) lays challenge to said adjudication. 3. ..... the term person in the said amended provision has to be interpreted to mean the legal heirs of such person, who has encroached and continues to occupy the government land or the government property, his agent, assignee or transferee or as the ..... was not decisive and therefore as per provisions of section 14(1)(j-3) of the act it was only if the elected member was guilty of encroachment that the disqualification ..... the respondent no.6 filed an application under provisions of section 14(1)(j-3) of the said act praying that the petitioner be disqualified on the ground that encroachment on public land had been made with regard to construction of property bearing ..... that by interpretative process it would not be possible to include in the provisions of section 14(1)(j-3) of the said act disqualification of an elected member on account of encroachment by his family members. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the petitioners have preferred revision no.175/tenb/2000 under section 111 of the maharashtra tenancy and agricultural lands act, 1958 against the order dated 16-10-1999 passed by the sub-divisional officer, akot, in appeal no.tnc107/kapsi/10/1998-99 pertaining to field survey no.21/2 of mouza kapsi. ..... necessary amendment be carried out within a period of two weeks from the date of first appearance of the parties before the maharashtra revenue tribunal. .....
Tag this Judgment!Court : Mumbai Nagpur
..... every member of committee of management or every director of the primary agricultural co-operative credit society, who shall be the office bearer within the meaning of clause (ii) of section 73ea of the said act irrespective of the fact that the bye-laws of such society vest the management of society in a shorter body consisting of president, vice-president, chairman, vice-chairman, secretary, treasurer or any other officer ..... committee: provided that, before fixing any responsibility mentioned above, the registrar shall inspect the records of the society and decide as to whether the losses incurred by the society are on account of acts or omissions on the part of the members of the committee or on account of any natural calamities, accident or any circumstances beyond the control of such members: provided further that, any member ..... no effective consultation with the federal society and no consultation with the reserve bank of india, as required under the second proviso to clause (b) of sub-section (1) of section 78 of the said act; (ii) that on 31-3-2010, the entire loan amount was paid by the said society of which the respondent no.4 was the director; (iii) that the respondent no.4 was not the office bearer ..... the governor of maharashtra satisfied that circumstances exist, which render it necessary for him to take immediate action further to amend the maharashtra co-operative societies act, 1960 for the purpose aforesaid, this ordinance is promulgated. ..... the bombay stamp act, 1958. .....
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