Court : Mumbai
Reported in : 2005(2)ALLMR299; 2005(5)BomCR832
..... it was a case where there was a non obstante clause by way of sub-section (1) of section 13 of the west bengal premises tenancy act, 1956 as extended to memoir which reads as follows :'notwithstanding anything to the contrary in any other law, no order or decree for the recovery of possession of any premises shall be made by any court in favour of the landlord against ..... case of damodar caxinata naique (supra) was dealing with the ground of eviction on account of non-payment of rent stipulated under section 47 of the decree vis-a-vis the ground of non-payment of rent under section 22(4) of the act 'article 47 of the decree stated that the right to rescission of the contract on the grounds of non-payment of rents expires as soon as delay is put to an end the moment the lessee makes a payment of deposits the ..... repeal of the laws by sub-section (1), all suits and other proceedings under the repealed law pending at the commencement of this act before any court or authority shall be continued and disposed of in accordance with, the provisions of the repealed law as if that law had continued in force and this act had not been passed;provided that in any such suit or proceeding for the fixation of fair rent or for the eviction of ..... after the 1976 amendment and the second where a finding has been arrived at by the appellate court by placing reliance on inadmissible evidence which if it was omitted, an opposite conclusion ..... with the allegations that on or about 13-9-1978 the defendant no. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1984Bom81; ILR1984Bom1784; 1983MhLJ719
..... in calculating the consecutive period of six years in office, any period for which the person concerned may have been such oficer, before the commencement of the maharashtra co-operative societies (second amendment) act, 1969, shall be ignored.if any person resigns his office as a designated officer at any time within twelve months of the date on which the consecutive period of six years would ..... after he has served on the committee of that society whether before or after or partly before and partly after the commencement of the punjab co-operative societies (amendment) act, 1969, for a continuous period of not less than six years, unless a period of not less than three years has expired since he last so served.explanation. ..... in 1969 an act called the maharashtra co-operative societies (second amendment) act, 1969 (act 27 of 1969) ..... the state of ajmer fixing the minimum wages in respect of the employment in textile industry within the state and the provisions of the minimum wages act, 1948, were challenged on the ground that the minimum wages act nowhere prescribed the principles nor laid down any standards which could furnish any guidance to the administrative authority in making a selection with regard to employment ..... naik has firstly relied on the decision dealing with the validity of the special courts act in in re special courts bil, 1978, : [1979]2scr476 , in which the supreme court in para 73 has once again laid down the different propositions which emerged from the ..... 1978 .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(4)ALLMR355; III(2008)BC149; 2007(5)BomCR125; (2007)109BOMLR1273; 2007(4)MhLj149; [2008]81SCL477(Bom)
..... deal with any civil disputes.so far as securities appellate tribunal is concerned, section 15-t indicates that a person aggrieved by an order of the board passed after commencement of the securities laws (2nd amendment) act, 1999, or by an order passed by an adjudicating officer, can prefer an appeal to securities appellate tribunal. ..... to relevant provisions which create a bar against the jurisdiction of civil court, which we have discussed at length in the earlier part of this judgment and he has also not referred to section 21 of sebi act, 1992 which dilutes bar of jurisdiction created by section 20-a (both provisions are reproduced in earlier part (para 10) of our judgment).the learned single judge has observed in paragraph 13 that the above case ..... the extent it prescribes the procedure for adjudication of the dispute relating to pilferage or malpractice of energy and for final assessment of additional charges, is ultra vires of sections 24, 26(6) and cl.iv (3) of schedule of the act of 1910 and section 49 of act of 1948, and is wholly vitiated as being arbitrary and violative of article 14 of the constitution and was accordingly struck down.observations in para 20 of the judgment of the hon'ble supreme court in hyderabad vanaspathi's case ..... , such a contract cannot be enforced in law.it is also pleaded that kat stocks is unregistered partnership firm and, therefore, is not entitled to file a suit, in view of section 69 of indian partnership act. ..... act, 1978 ..... indian electricity act .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(2)ALLMR755; 1998(5)BomCR312; 1998(1)MhLj751
..... fact that the high court continues to enjoy the same jurisdiction as it had immediately before the commencement of the constitution as stated in article 225, does not mean that a matter which is covered by the admiralty court act, 1861, cannot be otherwise dealt with by the high court subject to its own rules, in exercise of its manifold jurisdiction which is unless barred, unlimited to the extent not barred expressly or by necessary implication the judicial sovereignty ..... in any case have been considered to have progressed upto the level of the english administration of justice act, 1928, which was the last of a series of enactments in england on the subject prior to 1947, and consequently the indian high court would have been treated as a consolidated court on the basis of the (english) supreme court of judicature (consolidation) act, 1925, exercising identical and unlimited jurisdiction and not a distinct or prescribed admiralty jurisdiction limited and confined ..... much after the brussels convention of 1952 and although the act was amended 14 times, no amendment was carried out in the act to bring it in consonance with the brussels convention which clearly shows that the parliament never intended to adopt the same. ..... some rules of english law, such as those concerning state immunity act, 1978, have been consciously derived from what were regarded as rules and principles of international law and have been modelled upon them. ..... , 1978 (1) q.b. ..... , 1978 (1) w.l.r. .....
Tag this Judgment!Court : Mumbai
Reported in : 1988(4)BomCR3; 1988MhLJ998
..... it was contended before the calcutta high court that in view of the petroleum act 1934 only a licence under the rules framed by the petroleum act was necessary and it was not open to the west bengal government to prescribe that a licence should also be obtained from the director, west bengal fire services. ..... the calcutta high court held that even if some provisions of the petroleum act and the west bengal fire services act overlapped, there was no repugnancy between the two acts.20. ..... held that the west bengal act served a different purpose and its subject matter was not the same as the petroleum act. ..... under this act a licence was required from the director, west bengal fire services for storage of ..... the west bengal act was within the legislative competence of the state ..... that case the west bengal legislature enacted fire services act of 1950. ..... the respondents are restrained from asking the dealers of the said products to take out a licence under section 394 of the bombay municipal corporation act for the storage of petrol and high speed diesel in quantities exceeding 6 gallons and 500 gallons respectively and are directed to forbear from taking any action against the dealers of petitioners 1 to 4 in such cases. ..... to the extent of any repugnancy between the central act and the state act including its 1962 amendment, the central act must prevail under article 254 of the constitution.11. ..... bharat petroleum corporation, hindustan petroleum corporation, indian oil corporation and i.b.p. co. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(6)ALLMR198; 2008(1)BomCR196; (2007)109BOMLR2140; (2008)IILLJ917Bom; 2008(2)MhLj511
..... bench of the bombay high court in subhash ganpatrao kabade's case, that mahadeo koli was recognised for the first time in 1976 under amendment act, 1976, as scheduled tribe is not relatable to reality and an erroneous assumption made without any attempt to investigate the truth in that behalf ..... in 1976 amendment act, there is no substantial change ..... the conclusion of the committee, it has also been stated that the petitioner had procured appointment on the basis of a fake certificate and keeping in view the provisions of sections 10 and 11 of the act, which are penal in nature, it would be unfair and inequitable to give any benefit to the petitioner.8. ..... before three centuries, chief justice edward coke proclaimed:fraud avoids all judicial acts, ecclesiastical or temporal.it is thus settled proposition of law that a judgment, decree or order obtained by playing fraud on the court, tribunal or authority is a nullity and no nest in ..... constitution guarantees to them who are also indian citizens of equality before law and the ..... presidential declaration, subject to amendment by the parliament being conclusive, no addition to it or declaration of castes/tribes or sub-castes/parts of or groups of tribes ..... : air2007sc1546 signifying that falsehood or fraud even vitiates judicial act, the court held as under:now, it is well settled principle of law that if any judgment and order is obtained by fraud, it cannot be said to be a ..... : [1978]2scr809 , the court revoked the special leave petition .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2000Bom211; 2000(2)ALLMR48; 2000(2)BomCR556
..... division annexure 'b', gazette notification issued by the government of gujarat in exercise of its powers under section 7 of the bombay land revenue code along with english translation of relevant extract, marked annexure c, the notification extending indian ports act, 1908 to the port of kandla with effect from april 1, 1950 marked annexure 'd' and the certificate by the deputy conservator, kandla port trust dated 31-10-1999 regarding the arrival and anchorage of the vessel and ..... , surat, dangs, amreli, surendra nagar, rajkot, jamnagar, junagadh, bhavnagar and kutch distircts; and (b) the villages in umbergaon taluka of thana district, the villages in nawapur and nandurbar talukas of west khandesh district and the villages in akkalkuwa and taloda talukas of west khandesh district, respectively specified in parts i, ii and iii of the first schedule; and thereupon, the said territories shall cease to form part of the state of bombay, and the residuary state ..... . we are of the opinion that in view of the clear provisions of section 7(2) of the criminal law amendment act, 1952 and articles 14 and 21 of the constitution, these directions were legally wrong ..... colonial courts of admiralty (india) act, 1891, the high court of bombay along with the high court of judicature at fort william in bengal and at madras were declared to be colonial courts of admiralty. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1989Bom325; 1988(3)BomCR274; (1989)91BOMLR552; 1988MhLJ863
..... 50.000/- in view of the amendment of the act by the amending act no.56 of 1969 which came into force on mar2.1970. ..... in that case, it has been held that the benefit of s.92-aof the act , which provision was inserted in the motor vehicles act by the amending act no.47 of 1982 is available to all pending cases even though the accident had occurred prior to the coming into force of s.92-a of the act . ..... 96 (1) of the act as they stood on the date of the accident limited the liability of the insured to rupees 50,000/- it may be mentioned that s, 96 (2) of the act was amended by amending act no. ..... regard to the fact that the tribunal having regards to the fact that the accident having happened on april 5, 1970, the extent of the insurer's liability must be determined by the application of the law introduced by the amendment which had come into force before the accident.8in the present case, the accident took place, admittedly, prior to the commencement of the ..... the accident took place on jan 15 1981 when the amending act had not come into force. ..... we have gone through the provisions of the amending act no.47 of 1982 which amended s.95(2) along with other sections of the act . ..... 95 of the motor vehicles act , 1939 ( hereinafter referred to as ' the act ' ) by the amending act no. ..... there is nothing in the provisions of the amending act which suggests that the legislature expressly or impliedlyintended to make amendment to s.95(2) retroactive. ..... , the commissioner of excess profits tax, west bengal v. .....
Tag this Judgment!Court : Mumbai
Reported in : (1989)ILLJ446Bom
..... was observed by the supreme court that the prevention of corruption act, being a social legislation, its provision must be liberally construed so as to advance the object of the act and that can only be done if an extended meaning is given to the term 'public servant' as referred to in section 2 of the act by applying the enlarged definition contained in clause 12 inserted in the penal code by the two amendments referred to in criminal amendment acts of 1958 and 1964. ..... bombay, along with others, by the central bureau of investigation, on the allegations that in the months of april to july, 1977 he entered into criminal conspiracy with others for committing offences of cheating the indian overseas bank by allowing the other accused persons to open bank accounts in the names of fictitious firms and in pursuance of the said conspiracy, forged promissory notes and bogus purchase bills and allowed them to ..... the statute book by the banking companies (amendment) act, 1956, on 14th january 1957. ..... it is difficult to accept a proposition that one who indulges in a misconduct of taking bribe can be punished under section 161 of the indian penal code if he is an employee of a nationalised bank and at the same time cannot be dealt with the under section 5(1)(d) of the prevention of corruption act which provides that if a 'public servant', by corrupt or illegal means or by otherwise abusing his position as public servant, obtains for himself or for any other person any ..... 50 of 1978 accused no. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(5)BomCR746
..... , west bengal : [1967]66itr680(sc) , in which it was pointed out that section 6 of the general clauses act will not apply in respect of those matters where parliament had clearly expressed its intention to the contrary by making detailed provisions for similar matters mentioned in that section.it, thus, appears that section 6 of the general clauses act is a general provision in relation ..... repeal of act making textual amendment in act or regulation - where any (central act) or regulation made after the commencement of this act repeals any enactment by which the text of any (central act) or regulation was amended by the express omission, insertion or substitution of any matter, then, unless a different intention appears, the repeal shall not affect the continuance of any such amendment made by the enactment so repealed and in operation at the time of such repeal ..... means the central government;(b) any vacant land owned by any state government and situated in the union territory or within the local limits of a cantonment declared as such under section 3 of the cantonments act, 1924, means that state government.perusal of the above provisions shows that vesting of the land in the state government occurs on publication of notification in the official gazette under sub-section (3) of section ..... this petition are that the first petitioner is a company incorporated pursuant to the provisions of the indian companies act, 1913 and now governed under the provisions of the companies act, 1956. .....
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