Court : Mumbai
Decided on : Sep-24-1973
Reported in : AIR1975Bom20; (1974)76BOMLR278
..... amount of the standard rent and permitted increases and observes and performs the other conditions of the tenancy, in so far as they are consistent with the provision of this act. section 12(2) puts a restriction on the landlords' right to file an ejectment suit on the ground of non-payment of standard-rent or permitted increases by providing that ..... give a restricted or enlarged meaning with the purpose of finding out the intention of the legislature. according to him, on a reasonable construction of the scheme of sec.12 of the act, it would appear that the protection given to a tenant from the eviction on the ground of non-payment of rent and permitted increases is withdrawn by stages, ..... the landlord is bona fide or not. if that is so, there is no valid reason to suppose that it cannot do so in cases falling under section 12(3)(a) of the rent act. although section 12(3)(a) , which is on the statute book since 1953, does not expressly refer to 'a bona fide dispute', in view of the consistent .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-09-1973
Reported in : AIR1974Bom122; 1974MhLJ257
..... him for cultivating the same personally, to terminate the lease. it is further laid down that this termination shall be subject to the provisions of sub-sections (2) to (7) of section 38 of the act.4. the revenue authorities who tried the claim of the landlord found him entitled to resume the land for personal bona fide cultivation. though the ..... mentioned that it is not disputed that the land in question has been leased for growing betal leaves and is thus a lease within the meaning of section 58 (1) (c) of the act. the right the respondent claimed was because of a notification no.5159/12604/m of the state government published in the gazette of september 22, 1960. ..... tenant's revisions was dismissed.5. thus the authorities have permitted the landlord to resume land for bona fide personal cultivation with reference to the right created by section 38 of the act.6. in this court, therefore the only question that is urged is that this being a land located within the municipal limits of akot town .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-12-1973
Reported in : [1974]94ITR519(Bom)
..... 25th january, 3rd february, 1972, to the effect that the appellate assistant commissioner proposed to rectify the wealth-tax assessment of the petitioner under section 35 of the act, withdrawing the exemption already allowed to the petitioner in respect of jewellery and ornament. the petitioner appeared through her representative in response to the said ..... income-tax officer thereafter issued notices on the deceased assessee to show cause why his assessments which had already been completed should not be rectified under section 35 of the act. on 27th march, 1954, the income-tax officer revised the assessments of the assessee in respect of the said two years, after taking into ..... drawn process of reasoning on points on which there may conceivably be two opinions. i must, therefore, hold that the power of rectification under section 35 of the act could not be invoked in the present case and the rectification order passed by the appellate assistant commissioner on the 22nd of february, 1972, must .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-06-1973
Reported in : AIR1975Bom106; (1974)76BOMLR540
..... in respect there of. 6. the question that is referred to us depends upon the right of a landlord for restoration of possession as conferred by section 19 of the act. section 19 of the act imposes an obligation upon the collector to restore possession to the land lord of so much ony of the surplus land as he is entitled to ..... leased to him. it may be urged that when the question of restoration of possession our of surplus land held by a tenant is to be considered under section 19 of the ceiling act. section 31b may not be regarded as a limitation, but, in our opinion, such an approach will be contrary to the scheme and intention of the legislature ..... behalf of the petitioners in some of those special civil applications made a submission in the alternative. he submitted that having regard to the scheme of the ceiling act and especially section 19 there of a landlord is entitled to possession of all surplus lands held from him by the tenant so long as his total holdings after such restoration .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-25-1973
Reported in : [1973]92ITR241(Bom)
..... case before them because of the non-compliance with the requisite conditions as to creation of development rebate reserve. the learned judges also took the view that section 154 of the income-tax act was attracted as there was a mistake apparent on the record of the case. with regard to the judgment of the gujarat high court we must ..... years it aggregate to rs. 27,13,62,131. 4. on 18th january, 1973 the respondent no. 1 served on the petitioner four rectification notices under section 154 of the income-tax act, all dated 11th january 1973, proposing to rectify the assessments for a.ys. 1962-63, 1965-66, 1966-67 and 1967-68 during which years the ..... at without making the debit aforesaid) in accordance with the profit and loss account.....' 8. on behalf of the petitioner mr. palkhivala pointed out that section 33(1)(a) of the income-tax act which provides for grant of development rebate says that such rebate 'shall be allowed' in respect of the previous year in which the machinery or plant .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-11-1973
Reported in : AIR1973Bom354; 1973MhLJ748
..... this date has been fixed an order to enable persons falling into the special categories to get the benefit of sub-section (2) of section 38 of the act. after quoting sub-section (2) of section 38, the full bench observed :'this sub-section extends the time for terminating the tenancy and making an application for possession in the case of the persons, who ..... be scrutinised under articles 14, 19 etc. rule 4 (4) seems to us to be rule which does not go beyond the powers conferred under section 6 (xvii), read with section 44 of the act. at any rte, section 6 (xvii) and r. 4 (4) are part of a scheme of land reform in u. p. and would be protected from attack ..... petitioner did not come in the way of respondent no. 1 ninaji being conferred with the rights of ownership, in view of the second proviso to sub-section (2) of section 41 of the act read with rule 17 of the rules. therefore, the revision application was dismissed. against this order of the revenue tribunal the present writ petition has been .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-05-1973
Reported in : (1974)ILLJ453Bom; 1973MhLJ1037
..... employee for every hour or part of an hour so worked in excess at the overtime rate fixed under the minimum wages act or under any law of the appropriate government for the time being in force whichever is higher section 14 thus firstly refers to a minimum rate of wages and then while providing for a payment for overtime work it ..... act is to prejudice the operation of the provisions of s. 59 of the factories act in a case where the provisions thereof are applicable. this means that the liability to pay overtime wages ..... additional wages for overtime work is fastened on the employer not only by the factories act; but in a case where the wages are fixed under the provisions of the minimum wages act, such an obligation is fastened on him by s. 14 which we have quoted above. sub-section (2) of s. 14 makes it clear that nothing in the minimum wages .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-12-1973
Reported in : AIR1974Bom228; 1974MhLJ319
..... or suit not commenced within three months after such rejection, all benefits under the policy shall be forfeited, was void as violating the provisions of section 28 of the contract act. section 28 of the contract act provides : 'every agreement, by which any party thereto is restricted absolutely from enforcing his rights under or in respect of any contract, by the ..... the parties, it was contended on behalf of the plaintiff that he had no agreed in writing for a reference to arbitration and that the requirement of section 27 of the arbitration act were not satisfied. lord coleridge, c.j., negating this contention observed:'the plaintiff sues on the policy, and by so suing affirms it to be his ..... could be inferred. the trail court no doubt, found that the term in condition no. 11 was not void and did not violate the provisions of section 28 of the contract act, but on the view which it took that the terms of the policy were not shown to have been known to the plaintiffs before the completion .....
Tag this Judgment!Court : Mumbai
Decided on : Jun-25-1973
Reported in : (1974)76BOMLR334
..... carried on by or under the authority of the central government and as such it was excluded from the operation of the payment of bonus act, under sub-section (iv) of section 32 of the said act. unfortunately, an issue was framed by the learned authority as to whether the canteen stores department (india) is 'a government undertaking', although the ..... the authority of the defence department of the government of india and as such the employees of that establishment are exempted from the provisions of the payment of bonus act under section 32(iv).3. in special civil applications nos. 2011 and 2012 of 1970, the union of india, petitioner no. 1 and major general (retd.) s.n ..... at the naval base on willingdon island, was an industry carried on by or under the authority of the central government within the meaning of section 2(a) of the industrial disputes act, 1947, but the court itself has observed at page 368 that the question is a question of fact depending on the circumstances of each case .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-30-1973
Reported in : (1974)76BOMLR475
..... settled at prices fixed in the notification, was challenged. that power was exercised under a bye-law. the bye-laws were made under section 4 of the act. section 4(f) of the act was to this effect:the functions of the commission shall be to perform such other duties and exercise such other powers as may be ..... heard by the deputy charity commissioner. it was only after his decision went against them, and they moved the city civil court by applications under section 72 of the act, that they challenged the very notification of the government under which the deputy charity commissioner was empowered to hear revision applications. that contention being upheld by ..... charity commissioner, that they were not interested in being parties to the enquiry proceedings, the charity commissioner could not have exercised his revisional jurisdiction under section 70a of the act, on the basis of an application which was made by mr. barot the chairman of the mumbadevi trust. it was also contended that since no .....
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