Court : Mumbai
Decided on : Apr-27-1973
Reported in : [1974]94ITR616(Bom)
..... the appellate tribunal to state the case and refer it in the event of the tribunal declining to refer in exercise of its powers under sub-section (1) of section 256 of the act. mr. hajarnavis contends that no case has been made out by the petitioner for by-passing the said alternate remedy and invoking the extraordinary jurisdiction ..... approaching the high court requiring the tribunal to state the case and making a reference in the event of the tribunal declining to refer under sub-section (1) of section 256 of the act was available to the petitioner and the same had not been availed of by him and that the petitioner had not made out any case for ..... article 123 in taylor's treatise on law of evidence (volume i, 11th edition, at page 130) it will appear clear that the substantive proposition enunciated in section 110 of evidence act is based on the principle contained in that article which runs as follows : '123. as men generally own the property they possess, proof of possession is .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-11-1973
Reported in : AIR1974Bom181; 1974MhLJ338
..... with the leave of the court of criminal appeal against the sentence passed on his conviction, unless the sentence is one fixed by law.' sub-section (3) of section 4 of that act provided as follows: 'on an appeal against the sentence the court of criminal appeal shall, if they think that a different sentence ought to have ..... powers conferred upon it to the director or any powers of the director, to any other officer or person, specified in the notification.' 5. section 2 (f) of the act defines the 'director as meaning a person appointed as the director of agricultural marketing and rural finance for the state of maharashtra. even in this ..... market yard and prominent places. it appears that no objections or suggestions were received to these notification and, therefore, a notification under sub-section (3) of section 4 of the marketing regulation act was issued by the director on 23-9-1970 relating to the marketing of agricultural commodities as specified in the notification with effect from .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-13-1973
Reported in : AIR1974Bom1; ILR1974Bom1090; 1973MhLJ737
..... the appellant is that the record made at the time of abolition by the compensation officer is final and cannot be challenged as provided in section 15(4) of the abolition act. under section 13, the compensation officer is required to record the details of the land which shall vest in the state government after its acquisition in ..... declaration given by the special deputy collector.10. as a result of the finding recorded hereinbefore that an appeal lies to the maharashtra revenue tribunal under section 33 of the ceiling act, normally i would have remanded this case back to the revenue tribunal for deciding the appeal on merits. however, from the order of the ..... exercised by the state government if an appeal is filed against a declaration or part thereof given by the collector under section 21 of the ceiling act. moreover said provision made in section 45 of the act was not originally on the statute book and was substituted by an amendment later on. said provision cannot take away or .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-09-1973
Reported in : (1975)IILLJ45Bom
..... that high standards of professional conduct and etiquette are prescribed for surveyors. sub-section (1)(d) of s. 64um applies the provisions of s. 43(4) applicable to insurance agents also to surveyors. section 42(4) of the insurance act provides that a surveyor would be disqualified if he is a minor, a ..... establishment' as meaning inter alia a commercial establishment section 7 provides for the registration of such establishments. section 52(a) prescribes the penalty for contravention of the provisions of the shops act. section 4 provides that notwithstanding anything contained in the shops act the provisions of the said act mentioned in the third column of schedule ii ..... connived at any fraud, dishonesty or misrepresentation against an insurer or an insured. section 110h provides for an appeal from decision of the controller to the government. 13. it would appear from the provisions of the insurance act, 1938 referred to hereinabove that while the profession of a surveyor is a recognised .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-08-1973
Reported in : AIR1975Bom137; (1974)76BOMLR595; 1974MhLJ823
..... entitled to exemption., on proof of the said two requisite facts, the landlord was entitled to get the exemption certificate from the mamlatdar. by this amending act, section 88-d was also introduced which inter alia gave powers to the state government to cancel the exemption certificate granted to such a landlord if it is found ..... case of parvatibai ramchandra rokade v. mahadu tukaram varkhede, : air1967bom428 has held that the right of a certificated landlord to apply under section 33-b of the bombay tenancy and agricultural lands act, 1948 for possession of land from an excluded tenant does not lapse on his death and can be exercised, within the specified time, ..... civil application under article 227 of the constitution of india raises a question of law as to the interpretation of section 33-b of the bombay tenancy and agricultural lands act, 1948 (hereinafter referred to as the 'act').2. the question of law raised in this case relates to the rights of the heirs of the certificated .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-09-1973
Reported in : AIR1974Bom238; 1974MhLJ484
..... land in question.....................'it was stated that in this connection extreme importance must be given to the phrase 'actual possession' as contained in sub-section (14) of section 2 of the ceiling act. thus it does nto appear that any pronouncement was made as to the true scope and reach of the term 'deemed tenant' as ..... relationship akin to tenancy. landholder partner remains ever party to such cultivation and possession and shares all profits and losses.16. a plain reading of section 6 of the act, shows that it applies to a person lawfully cultivating any land belonging to another person to the latter's exclusion. if partnership is cultivating such ..... the land. they cannot be held to be doing so unlawfully. to this extent they fall within the category of the 'deemed tenants' under section 4 of the tenancy act ..............................'then again in paragraph 9 of the judgment the division bench observed:'in arriving at the above finding, we have given due and proper attention .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-27-1973
Reported in : AIR1975Bom53; (1974)76BOMLR519; ILR1975Bom227
..... injurious affection' and that absence of making such specific claim did not have the effect of barring a right to enhanced compensation under the said heads under section 25(2) of the act. mr. gambhirwala for the state has invited our attention to a decision of this court in the case of special land acquisition officer v. kalyanji, ..... agricultural as well as agricultural purposes and that the may be paid reasonable compensation and severance changes and injurious affection. it was contended that under section 9(2) of the act it was obligatory upon the claimants 'to state the nature of their respective interests in the land and the amount and particulars of their claims ..... the sheds situated in the land. being dissatisfied with this award the claimants (dr. mohamad salim samsuddin and his three brothers, who are the appellants section 18 of the act which was numbered as land acquisition reference no.47 of 1962 in the court of the civil judge. senior division, nasik. 2. similarly after service .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-28-1973
Reported in : [1975]45CompCas91(Bom)
..... 72. even though we have quoted the above meaning of the word 'abrogation', we are not called upon in this litigation to decide whether the authority acting under sub-section (5) of section 294 has a right to annul, or to do away with, or abolish, the appointment of a sole selling agent altogether. we are only called ..... been entered into by the two willing parties which has been ratified by the general body of the shareholders. 18. however, provisions of sub-section (5) of section 294 of the act appear to give uncontrolled and uncanalised powers to interfere with such contracts and to vary them. for doing this there are no norms indicated, nor ..... , the petitioners have raised four points to challenge the order of the company law board. according to the appellant-company, the provisions of sub-section (5) of section 294 of the act are discriminatory and violative of the principles of article 14 of the constitution of india. according to them, arbitrary and uncanalised powers have been vested .....
Tag this Judgment!Court : Mumbai
Decided on : Jun-25-1973
Reported in : AIR1974Bom192; 1974MhLJ291
..... that tribunal upheld that view. tenant has therefore moved this petition.4. deceased parvatibai during her lifetime had initiated proceedings, after giving notice under section 38 (1) of the act, for termination of tenancy and resumption of land for bona fide personal cultivation. those proceedings terminated ultimately by an order rejecting her claim. the maharashtra ..... tribunal in revenue revision application no. 364/tenancy/1961 by its order passed on april 9, 1963, found parvatibai not entitled to relief under section 38 of the act. thus it cannot be doubted that the original landlady who was herself a widow had proceeded to take steps for determining the lease of the petitioner ..... present result and no argument of the present kind is possible after that decision, as it was also a case of specified landlord contemplated by section 38 (2) of the act.38. clearly, therefore, the present petitioner was entitled to claim the right to statutory ownership which arose on april 9, 1963.39. thus .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-06-1973
Reported in : AIR1975Bom88; (1974)76BOMLR304
..... of his above contentions the appeal will have to be allowed.4. before dealing with the first point, it will be convenient to notice the amendments made in section 13 of the act. section 13(1) as it originally stood contained nine clauses specifying various grounds of divorce. clauses (viii) and (ix) provided for a divorce on the ground that ..... final. it is not disputed that no application was made by either of the parties for rescinding the said decree under the latter part of sub-section (2) of section 10 of the act.29. it is also not disputed that after the decree for judicial separation was passed in the aforesaid circumstances the appellant and the respondents did ..... from the above provisions that it is the duty of the court to satisfy that certain requirements are complied with before granting the relief in a proceeding under the act. in sub-section (1) the opening words 'in any proceedings' and later the words 'in such a case but not otherwise' are very material. in a recent decision .....
Tag this Judgment!