Judgment Search Results Home > Cases Phrase: elephants preservation bengal amendment act 1932 Court: mumbai Page 1 of about 13 results (0.061 seconds)

Municipal Commissioner, the Municipal Corporation of the City of Ahmed ...

Court : Mumbai

Reported in : AIR1954Bom188; (1953)55BOMLR1028; ILR1954Bom41

..... province of bombay', (d) it was sought to be shown on behalf of the appellant that the impugned tax, which was an urban immoveable property tax levied under section 22 of the bombay finance act, 1932, as amended by the bombay finance amendment act, 1939, was a tax on income as it was assessed on the same basis as income-tax, i.e. ..... legislature. on the contrary, 'explanation' to section 75 of the act would show that the competence was in terms preserved in case of lands, because the 'explanation' says that in the case of lands the basis of valuation may be either capital value or annual letting ..... . these legislative measures enacted by the provincial legislatures of bengal, madras and uttar pradesh would show that the trend of the legislative practice in india was, before the government of india act, 1935, was passed, in the matter of the municipalities' competence to take the capital value of buildings or lands into consideration for determining the annual value thereof for the purpose of levying a tax thereon ..... section 123(1)(a) of the bengal municipal act, xv of 1932 gives power to the municipality to levy a rate on holdings situated within the municipality assessed on their annual value. ..... section 75 of the bombay municipal boroughs act, 1925, with which we are concerned, is an instance in point, besides, the municipal acts in bengal, madras and uttar pradesh also afford illustrations of the same principle. ..... . it is clear from the above mentioned provisions of the bengal municipal act, no .....

Janu Chandra Waghmare and ors. Vs. the State of Maharashtra and ors.

Court : Mumbai

Reported in : AIR1978Bom119; (1977)79BOMLR499

..... in which definition 'forest produce' is not included and as such on a strict construction of section 3 read with section 2 (f) forest produce of the private forests would not vest in the state; the contention is that by the amending act 72 of 1975 clause (vii) which spoke of 'all forest produce there-in, whether standing, felled, found or otherwise' which had been initially added to the definition of 'private forest' was deleted therefrom and the same has ..... produce including fire-wood with a view inter alia to decrease the dependence on cow-dung, and in particular, for afforestation of private forest wherever feasible on scientific lines, and thereby create conditions for the preservation of soil, conservation of water, prevention of erosion of soil and for improvement of land and underground water resources to the best interests of agriculture and agriculturists in such private forests and other lands in ..... held that the bengal money-lenders act, 1940 was not void either in whole or in part as being ultra vires the provincial legislature on the ground that it incidentally trenched upon matters reserved to the federal legislature; the court held that as the pith and substance of the act was mone lending it fell within item 27 of list ii of the seventh schedule to the government of india act, 1935 and was ..... 'decision for the present purpose is that the test there adopted was whether the object of the act was to prevent 'the sale of the balance of the output in australia 1932 a. c. .....

Bombay Environmental Action Group, a Society Registered Under the Soci ...

Court : Mumbai

Reported in : 2005(6)BomCR574; (2005)107BOMLR337; (2006)4CompLJ117(Bom)

..... the contentions of the petitioners and that if, as per the contention of petitioners, the phrase 'land after demolition of existing structures' is deleted from dcr 58(1)(b) as it exists today, on account of the amendment of the definition of the word 'development' in section 2(7) of the act is correct, then the word 'development' in the opening part of dcr 58(1) with the previous approval of the commissioner to a layout prepared, inter alia, for making of any material change in any building ..... only delay on the part of the petitioners in filing the writ petition, but the same is coupled with the fact that huge liabilities and obligations have been undertaken by the mill owners on the basis of amended dcr 58 of 2001 by paying hundreds of crores of rupees to their workers as also to the banks and financial institutions, third party rights have been created by them by sale of premises to flat purchasers, ..... these are quoted below:'we are fully aware that the issues presented in this case illustrate the classic struggle between those members of the public who would preserve our rivers, forests, parks and open lands in their pristine purity and those charged with administrative responsibilities who, under the pressures of the changing needs of an increasingly complex society, ..... the famous book of aldous huxley known as 'brave new world' written in 1932, wherein he conceptualised five races in this world, viz. ..... has been enacted as also the report of the west bengal pollution control board. .....

N.J. Nayadu and Co. and ors. Vs. Administrator of the City of Nagpur a ...

Court : Mumbai

Reported in : AIR1970Bom59; (1969)71BOMLR253; ILR1970Bom68; 1969MhLJ234

..... and 9 empowering the government to alter protective duties, to impose additional import duty on bounty-fed articles, and to levy special import duty on sugar; the sugar industry (protection) act (act xiii of 1932), section 4 empowering the government to increase the duty on imported sugar; the salt (additional import duty) act (act xiv of 1939) section 4 empowering the government to impose additional duty on imported salt' it is then observed that the legislation will certainly be upheld if it lays down an ..... : [1965]2scr477 and the latest decision in the case of the municipal corporation of delhi, : [1968]3scr251 are ample authority in support of the contention of the respondent that the provisions in the nagpur corporation act are adequate to indicate the legislative policy and the reasonable limits within which the power to tax can be exercised, and therefore the sections under which the power is exercised cannot be considered as void or ..... by the supreme court, and one of the grounds on which the contention was rejected was that the state authorised the municipality to impose taxes therein mentioned 'for the purposes of the act' and that this furnished sufficient guidance for the imposition of the tax (the underlining (here in ' ') is ours).16. reference is also made to other decisions of the supreme court ..... the act did not prescribe any such policy it must be held that section 5 of the said act, as it stood before the amendment, was ..... the bengal excise act, 1909 (bengal act v .....

Shaikh Zahid Mukhtar and Others Vs. The State of Maharashtra and Other ...

Court : Mumbai

..... in this petition under article 226 of the constitution of india there is a prayer made for declaration that section 5 of the animal preservation act as amended by the amendment act is ultravires article 19 of the constitution of india so far as it prohibits slaughter of bulls and bullocks. ..... *** it may be recalled that the parties to the convention on international trade in endangered species of wild fauna and flora (cites), being greatly concerned by the decline in population of african elephants due to illegal trade in ivory, have included this animal in appendix i of the convention in october 1989. ..... state of west bengal [(1975) 3 scc 198 : 1974 scc (cri) 816 : (1975) 1 scr 778] which was a decision given by a bench of five judges, this court considered the challenge of clause (d) of article 19(1) to the constitutional validity of the maintenance of internal security act, 1971 and held that that act did not violate the constitutional guarantee embodied in that article. ..... state of west bengal [(1973) 1 scc 856 : 1973 scc (cri) 618 : air 1973 sc 1425] that such a law would have to satisfy the requirement inter alia of article 19(1), clause (d) and inharadhan saha v. ..... he urged the decision of the apex court in the case of state of west bengal and others v. ..... this court also applied article 14 in two of its earlier decisions, namely, the state of west bengal v. ..... he relied upon a decision of the apex court in the case of state of west bengal v. .....

Hirabai Gendalal Vs. Bhagirath Ramchandra and Company

Court : Mumbai

Reported in : AIR1946Bom174

..... the only other provision in the civil procedure code is in section 119 which preserves any other power of a chartered high court to make rules concerning advocates, vakils and attorneys. ..... hence the appellant's contention that the suit is barred under section 69, sub-section (2), partnership act, 1932, must fail. ..... , empowers the high courts to make rules regulating their own procedure and the procedure of the civil courts subject to their superintendence, and by such rules to amend, alter or add to all or any of the rules in schedule 1 of the code. ..... in such a case the court would have a discretion to permit the irregularity to be cured, and if the plaintiff has acted in good faith and without gross negligence, the court would allow it to be cured the suit must then be deemed to have been filed when it was first instituted, and under section 99 ..... the defect in the darkhast was never cured by a subsequent amendment, and there was no occasion to consider whether section 99, civil p.c ..... hence at least rule 8a requires to be amended by the addition of the word 'act' before the words 'appear or plead.'11. ..... that is to say an advocate enrolled on the original side of the high court, is required to file a document authorizing him to act of behalf of his client in a court in the mofussil was considered by a division bench of this court in ambedas kashibhai v. ..... mond's rules of the high court of judicature at fort william in bengal, 1914, edn. ..... as held by the privy council in bengal nagpur ry. co. v. .....

Balukishan A. Devidaval Vs. the State of Maharashtra

Court : Mumbai

Reported in : 1975CriLJ1891

..... . xii of 1912, the original act was amended and for our consideration, the relevant provisions of the amended act are : the substitution of section 41 (1) and (2) with the proviso ..... making an investigation, or upon an officer in charge of a police station, by sections 160 to 171 of the code of criminal procedure, 1898 (5 of 1898), and (b) as regards offences punishable under section 47, section 49, section 55 or section 56 of this act any of the powers conferred upon police officers in respect of cognizable offences by clause first of sub-section (1) of section 54 and by section 56 of the said code.and the said portions of the said code shall apply ..... camouflage investigation into offences by the mere use of the word 'inquiry'' in section 8 (1) and thereby deprive the citizens of the protection given to them by law under section 25 of the evidence act and chapter xiy of the criminal procedure code and the other provisions of law based on the postulate that officers investigating into offences are prone to a temptation to practise torture for the purpose of extorting confessions ..... connected only with the preservation or protection of the ..... state of west bengal : 1970crilj863 which is also very relevant for deciding the question before ..... that the view taken by the bombay high court in nanoo sheikh ahmed : air1927bom4 is the correct view and that the view of the patna high court in radha kishun ilr 12 pat 46 : ir 1932 pat 293 is not correct. ..... of west bengal : ..... bengal .....

Sanjeet Shukla and Others Vs. State of Maharashtra and Others

Court : Mumbai

..... by itself recognises ceiling limit of 50% reservations through insertion of clause (4b) in article 16 of the constitution (eighty-first amendment) act, 2000, after the decisions of the supreme court in indrasawhney case rendered in the year 1992, and in r. ..... however considered the issue and held that the constitution (ninety third amendment) act, 2005 not constitutionally valid so far as private unaided educational ..... . while upholding the constitutional validity of the aforesaid constitution amendment act and the central act, the court held that the provisions of constitution have to be ..... that maratha is a socially advanced and prestigious community; (c) the maharashtra state backward class commission (msbcc), which is a statutory commission constituted under the maharashtra state commission for backward classes act, 2005 ( 2005 act ), by its 22nd report dated 25 july 2008 has categorically rejected the demand for inclusion of 'marathas' as 'other backward class' for the benefits of reservation policy [bapat ..... primitive culture of their own, the constitution envisages formation of scheduled areas for them, and application of laws to them with 'exceptions and modifications', so that they are able to preserve their culture and occupation and are not exposed to exploitation by forward classes of urban population ..... the fourth highest population of muslims after uttar pradesh, west bengal, and bihar (rahman committee report page 22). 74 ..... . (after 1932 census, castewise population statistics .....

Bomi Munchershaw Mistry Vs. Kesharwani Co-operative Housing Society Lt ...

Court : Mumbai

Reported in : 1993(2)BomCR329

..... . the letter is at ex.aa-1 and the relevant excerpt is worded as follows:'under the deed of conveyance in our favour there is an express covenant that the owner of the adjoining property shall preserve for all times the space on the west of the above plot unbuilt and open to the sky and that further no structure of any kind will be built on the remaining land of the adjoining ..... has been put 'in a situation in which it would not be reasonable to place him if the remedy were afterwards to be asserted'; and hence it is necessary to look both to 'the length of the delay and the nature of the acts done during the interval which might affect either party and causa balance of justice or injustice in taking the one course or the other, so far as relates to the remedy', and, it may be added, the extent to ..... where a right is not in fact actually abandoned, delay to enforce it may induce a reasonable belief that the right is foregone, and the party, who acts upon the belief so induced and whose position is altered by this belief to his prejudice, may plead delay as an answer to a claim made against ..... commission of india in its 9th report while on the subject made suggestions for the amending of the provision (section 31) for rectification contained in the old act of 1877 ..... terms of return the property had become a white elephant ..... . state of west bengal, : 1975crilj637 --'but we do not think that these observations made by two out of six learned judges can be regarded as laying down the law .....

Ryots of Garabandho Vs. Zemindar of Parlakimedi

Court : Mumbai

Reported in : (1945)47BOMLR525

..... away by special enactment there is a prima facie right in any person aggrieved by an order made in excess of jurisdiction to challenge it by a suit in the ordinary civil court-subject, as regards specific relief, to the terms of the specific relief act (i of 1877)-but if this right has been taken away by the legislature in any case in which the board of revenue, or any other body, exercises judicial functions, it may well be that the only method of challenging a judicial ..... it may, perhaps, occasion some surprise that after the experiences which led to the act of 1781 the terms of the fourth clause of the bengal charter should have been repeated in 1800 ; but it may be replied that the determination of parliament in 1781 had been unmistakable, and that the added words 'as far as circumstances will admit' rendered it impossible to regard the ..... the terms of the madras charter of 1800, with which their lordships are now immediately concerned, are intended plainly enough to incorporate the amendments of 1781 and thus to produce the same general result in madras as in calcutta. ..... it preserved the rights of fathers of families ..... pancras : (1932)63mlj450 and mcdermott ..... : (1932)63mlj450 where the learned judge said :where the settling officer has to deal only with such questions as would arise in a suit for commutation or for enhancement or reduction of money rent, under section 168(2) he must be guided by the appropriate principles as set out in the act. ..... : (1932)63mlj450 . ..... (1932) .....