Court : Mumbai
Decided on : Jan-16-1998
Reported in : 1998(3)ALLMR610; 1998(3)BomCR337; 1998(2)MhLj570
..... crackers in the suit premises. but admittedly this documentary evidence or other evidence was not tendered before the trial court. 16. therefore, to enable both the parties to amend their pleadings and to adduce evidence, it is necessary to remand the matter to the lower court. hence order. 17. civil revision application is allowed and the orders ..... true that there is a specific condition in the rent note preventing the tenant from using the suit premises, storing explosives or inflammable articles. however, hyderabad rent control act initially empowers the landlord to evict the tenant only on account of pure and simple breach of the terms of the rent deed. the breach of the agreement has ..... ii)(b) is very clear. it provides that if landlord can evict the tenant, if he proves that the tenant has after commencement of the hyderabad rent control act, used the house for a purpose of other than for which it was leased. the wordings of sub-section (ii)(b) clearly shows that the landlord will have .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-20-1998
Reported in : 1998(3)ALLMR601; 1998(3)BomCR355; (1998)1BOMLR326; 1998(2)MhLj135
..... the court to consider whether the telecommunication department of the union of india would be an industry, within the meaning of section 2(j) of the act in the amended provision, which has not been brought into force. it is further held that the question as to whether the telecommunication department is an industry, within ..... the apex court has reviewed its judgment in the case of bombay telecommunication canteen employees association v. union of india, : (1997)iillj647sc and held that such an amendment made in the definition of the term 'industry' in 1982 has not been brought into force by the central government by issuance of notification required for the purposes and ..... the meaning of the definition contained in the existing unamended section 2(j) of the act, has to be answered, according to the decision of the apex court .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-29-1998
Reported in : 1998(4)ALLMR227; 1998(2)BomCR554
..... thereof to be used for any non-forest purposes. 32. learned senior counsel, mr. kakodkar is right that neither in the said forest (conservation) act, 1980, nor in the indian forest act, 1927, there is any definition as to the word 'forest'. the hon'ble supreme court therefore, had occasion to deal with a similar situation ..... taken almost seven years for them to decide the application. while doing so, they made use of statutory material which has been brought in by way of amended rules without affording any opportunity to the petitioner. the learned senior counsel shri kakodkar had submitted that the implied effect of the order given by the central ..... so. however, no such opportunity admittedly, has been granted to him. 28. while disagreeing with the submission made on behalf of the petitioner that the said amendment will apply retrospectively, we are inclined to consider the said alternative submission of grant of opportunity for which discussion will be made hereafter. 29. the second ground .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-13-1998
Reported in : 1998(3)ALLMR710; 1998(3)BomCR352; (1999)IILLJ506Bom
..... had an occasion to deal with the powers of the lower courts to entertain the applications filed under section official of the m.r.t.u. & p.u.l.p. act, 1971 and the division bench observed, inter alia, as under :--'the learned member of the tribunal, without notice to the otherside, passedan ex parte interim order which in our ..... labour court, aurangabad on or about 27-1-1998 alongwith an application for interim relief under section 30(2) of the m.r.t.u. & p.u.l.p. act, 1971. the learned judge of the labour court, without issuing any notice to the other side, allowed the application by his order dated. 28-1-1998 and issued notice ..... court to frame rules under section 33 ofthe m.r.t.u. & p.u.l.p. act, 1971 laying down the procedure for exercising the powersunder section official of the said act, both by the labour courts as well as industrialcourts and accordingly, the rules were amended by the industrial court sometimes in1992. accordingly rule 75 in the labour courts (practice & procedure) .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-17-1998
Reported in : 1999(2)BomCR588
..... to be re-opened under the proviso to section 3 of the delhi rent control (amendment) act, 1976, (b) any person to whom a licence, as defined by section 52 of the indian easements act, 1882, has been granted. in other words, under the delhi rent control act, the term 'tenant' also includes any person continuing in possession after the termination of ..... eviction proceedings against the appellants.5. shri. n.k. sawaikar, learned advocate for the respondent, on the other hand, submitted that section 2(p) of the said act was amended only in the year 1978, and was brought into force w.e.f. 18-5-1978 and it is not of retrospective nature. undisputedly, contractual tenancy came to an ..... the termination of his tenancy, but shall not include any person against whom any order or decree for eviction has been made.'the said definition was amended by act no. 7 of 1978 and the amended section reads thus:-'2(p) 'tenant' means any person by whom or on whose account or behalf the rent of any building is, or .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-18-1998
Reported in : 1999(5)BomCR519; 1999BomCR(Cri)519; (1999)3BOMLR394; 1999CriLJ4449; 1999(2)MhLj650
..... of protocols for test or analysis. now we are concerned with the case subsequent to the amendment. in the above case, the supreme court has observed that the analyst's report is not required to state the protocols and only to give the result of ..... v. the state of madras, reported in : 1966crilj803 . before the apex court, the case was prior to the amendment in rule 46 of the drugs and cosmetics rules, 1945. now there has been a substantial amendment to the aforesaid rule with effect from 21st july, 1962, whereby the explanation has been added explaining the meaning of supply ..... next issue for consideration is that whether the government analyst's report is reliable and can be acted upon, in the sense whether the government analyst had analysed the said sample properly in accordance with the prescribed procedure as per the indian pharmacopoeia vol. i and ii. the methodology to be adopted for the analysis of various drugs .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-28-1998
Reported in : 1998(2)ALLMR596; 1998(3)BomCR458; 1998(3)MhLj438
..... state to make a law relating to the carrying on of such occupation, trade or business as mentioned in clause (6) of that article as amended by the constitution (first amendment) act, 1951. if, therefore, the licence fee cannot be justified on the basis of any valid law, no question of its reasonableness can arise. an ..... and others v. union of india and others : [1984]1scr657 , the petitioners were coal merchants who had challenged the virus of section 27-a of the indian railways act, 1890 and the circular issued thereunder on 1st april, 1972 regarding preferential traffic schedule providing for priority for movement of different goods including coal. the petitioners coal ..... . commissioner to insist on the production of a certificate of residence for 15 years. it is, therefore, contended that the corporation and its officers are acting arbitrarily in insisting upon the production of the certificate of residence of 15 years as a condition of eligibility for grant of licence for hawking and hence .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-05-1998
Reported in : 1998CriLJ4496
..... the other amendments effected by criminal law (amendment) act, 1983 were to sections 174 and 176 of the said criminal procedure code and the insertion of section 198-a in the cr. p. c. the necessary amendment in the first schedule to the code of criminal procedure, inserting section 498-a, was also made. as far as the indian evidence act, 1872 ..... the hapless woman concerned, constitute only a small fraction of the cases involving such cruelty. it is, therefore, proposed to amend the indian penal code, the code of criminal procedure and the indian evidence act suitably to deal effectively not only with cases of dowry deaths but also cases of cruelty to married women by their in ..... provisions of section 306, l.p.c. which was already on the statute book. it was, therefore, proposed' o suitably amend the indian penal code, code of criminal procedure, 1973 and the indian evidence act, 1872 to effectively deal with not only the cases of dowry deaths, but also the cases of cruelty to married women .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-05-1998
Reported in : II(1998)DMC569
..... the correctness of the judgment of punjab and haryana high court acquitting the husband of the offence punishable under section 306 of ipc. in para 24 of the judgment, the apex court referred to the amendment inserted by the criminal law (amendment) act, 1983 and observed as under :'...the degradation of society due to the pernicious system of dowry and the unconscionable demands made ..... persons. it is then contended that there is no vagueness or obscurity in the definition of the word 'cruelty' contained in section 498a of ipc, lastly, it is submitted that looking to the reasons and objects of the criminal law (amendment) act 46 of 1983 which received the assent of the president on 25th december, 1983, there is a rational nexus between the .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-12-1998
Reported in : 1998(3)BomCR837; 1999(1)MhLj462
..... as well as by any further statutory changes those may be brought about in such law. now if we peruse the preamble of the new act, it is seen that it reads thus:'an act to consolidate and amend the law relating to domestic arbitration ..... and for matters connected therewith or incidental thereto.'the statement of objects and reasons as given in the ..... arbitration in india is at present substantially contained in three enactments, namely the arbitration act, 1940. .....'.in other words, the new act has come into force as a result of consolidation and amendment of all the laws relating to arbitration - domestic as well as international, which include the old act. being so, considering the clause 25 in the agreement which provides that '..... or any .....
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