Judgment Search Results Home > Cases Phrase: indian tolls west bengal amendment act 1978 Court: mumbai Page 9 of about 844 results (0.139 seconds)

Gurmit Singh Bindra Vs. Dwarka Tourist Hotel Pvt. Ltd., a Private Limi ...

Court : Mumbai

Reported in : 2003(3)ALLMR930; 2003(5)BomCR250

..... this decision was in relation tothe provisions of the west bengal premises tenancy act,and more particularly sections 13(1)(a) and 14 thereof.neither any attempt is made to show as to how theprovisions of the said sections are in pari materia withthe section relating to sub-letting under the act whichis relevant for the decision in the matter, nor it is thecase of the petitioner that the running of business byshaikh bilal, the fact which was admitted ..... to whether suchsubsequent events which can enure to the benefit of thetenant can defeat the claim of the landlord, the samehaving been incorporated by way of amendment to thewritten statement, attention was drawn to para 3 of theadditional written statement dated 20-2-1989 filed by thepetitioner, and specifically to para 3 thereto asreferred to ..... , reported in : [1978]1scr797 has clearly held that powers under article 227of the constitution of india is one of judicialsuperintendence and cannot be exercised to upsetconclusions of facts however erroneous they may be.similar is the case ..... however, what isrelevant to be noted is that like the bombay rents hoteland lodging house rates (control) act, 1947, the said actis also an act dealing with the landlord-tenantrelationship and disputes arising between such partiesand in the absence of provision for a second appeal orrevision to the high court under the said act, thequestion of exercising powers under article 227 cannotarise unless the findings arrived at by the court beloware apparently .....

Kenya Airways, a Company Registered Under Law Regulating Companies in ...

Court : Mumbai

Reported in : AIR1998Bom287; 1998(3)ALLMR282; 1998(3)BomCR562; [1999]96CompCas140(Bom); 1998(2)MhLj668

..... , whether the west bengal public (eviction of unauthorised occupants) act, 1971, which provides for eviction of unauthorised occupants from public premises to the extent it has been extended to premises belonging or taken on lease by corporation established by or under a central act and owned or controlled by the central government is ultra vires as it was beyond the legislative power of the parliament to extend the applicability of the said act to such premises ..... 19 of the constitution and can ask for the enforcementof fundamental rights granted to citizens under the said article, and (ii) whether the state trading corporation is, notwithstanding the formality of incorporation under the indian companies act, 1956 in substance a department and organ of the government of india with the entirety of its capital contributed by government and can it claim to enforce fundamental rights under part he of the ..... the courts in india were concerned with the statutory form given in section 433 of the code of 1877, in section 86 of the code prior to the code of civil procedure (amendment) act 1951, and now in sections 86 and 87 of the code of 1908, as it stands amended by amendment act, 104 of 1976. ..... the learned judge further observed that it is of considerable significance that the suit was filed on the 3rd of august, 1978 and the contention based on applicability or non-applicability of section 86 of the code of civil procedure was taken by the defendants for the first time on 24th november, .....

In the Matter of Manuel theodore D'Souza

Court : Mumbai

Reported in : 2000(2)BomCR244; II(2000)DMC292

..... fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment'.in his foreword to manual on adoption, a guidebook on principles, practices and procedures, brought out by indian association for promotion of adoption, justice bhagwati, who had spoken for the bench in lakshmi kant pandey (supra) observed that the directions given on inter-country adoption were given as a part of the fundamental ..... union of india, : [1994]2scr644 and the amendment to the preamble brought about by the 42nd (amendment) act and its effect on the directive principles of state policy, the apex court laid down this proposition, which to my mind is ..... enforceable civil right which is justiciable in a civil court; (2) in the absence of any legislation setting out who can adopt, person or persons who has/have taken a child in guardianship under the guardians & wards act will have the right to petition the courts to adopt the child; (3) as jurisdiction to pass orders on guardianship is in the district court and/or a high court having jurisdiction under its letters patent, pending legislation, ..... west bengal ..... union of india and another, : [1978]2scr621 , was the water shed in this historical march in a deeper understanding of the constitution and more specifically articles 14 and 21 of the fundamental rights: the apex ..... the joint select committee of parliament approved the adoption of children bill of 1972 which was introduced in parliament in 1978 but later withdrawn. .....

Shri Vijay C. Puljal Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2005(5)BomCR481; (2005)107BOMLR983; [2005]128CompCas196(Bom); 2005(4)CTC705; 2005(4)MhLj5; [2005]64SCL589(Bom)

..... (a) of sub-section (3) every deposit accepted by a company at the commencement of the amending act of 1974, in accordance with the directions of the reserve bank of india under chapter iii-b of the reserve bank of india act, 1934, became liable to be repaid in accordance with the terms and conditions of the ..... sub-section (3a) provides as follows:'(3a) every deposit accepted by a company after the commencement of the companies (amendment) act, 1988, shall, unless renewed in accordance with the rules made under sub-section (1), be repaid in accordance with the terms ..... by a company in contravention of the directions of the reserve bank of india under chapter iii-b of the reserve bank of india act, 1934 before the commencement of the companies (amendment) act, 1974, repayment was liable to be made in full by 1st april 1975. ..... of section 58a of the companies' act 1956 initially by the companies (amendment) act, 1974 with effect from 1st february ..... the deposit after maturity or on demand by the depositor; or(b) to pay interest or other assured benefit; or(c) to provide the service promised against such deposit;or-(ii) where the government has reason to believe that any financial establishment is acting in a calculated manner detrimental to the interest of the depositors with an intention to defraud them; and if the government is satisfied that such financial establishment is not likely to return the deposits or make payment of interest or ..... the state of west bengal : 1972crilj1006 , ..... indian .....

Flemingo Duty-free Shop Pvt. Ltd. and Mr. Vivek S. Bhatt Vs. Union of ...

Court : Mumbai

Reported in : 2008(4)ALLMR663; (2008)110BOMLR1730

..... to the petitioners, after the airports authority of india act was amended by the amendment act of 2003, pursuant to the provisions of section 12a of the act on 4-4-2006 an agreement was executed between the respondent ..... into a position of interdependence with eagle that it must be recognized as a joint participant in the challenged activity, which, on that account, cannot be considered to have3 been so 'purely private' as to fall without the scope of the fourteenth amendment.then in the conclusion it is observed: specifically defining the limits of our inquiry, what we hold today is that when a state leases public property in the manner and for the purpose shown to have been the case ..... our attention was invited to the statement of objects and reasons of the airports authority of india amending act 2003 and the observations of the supreme court in its judgment in the case of zee telefilms ..... here, the proscriptions of the fourteenth amendment must be complied with by the lessee as certainly as though they were binding covenants written into the agreement itself.in our opinion, the facts which were considered by the supreme court of the u.s. ..... company established and existing under the laws of spain and indian tourism development corporation (itdc) incorporated under the laws of ..... : [1978]1scr375 ; (viii) gujarat state financial ..... [1978]1scr770 .....

Madhukar Govindrao Thaware and ors. Vs. Central Bank of India

Court : Mumbai Nagpur

..... land reforms act, 1955 act seeking condonation of delay. ..... act to the proceedings under section 8 of the act, looking to the scheme of the act, nature of right of pre-emption and express application of section 5 of the limitation act to the other provisions under the act, itself means and amounts to "express exclusion" of it satisfying the requirement of section 29(2) of the limitation act" after making reference to various rulings it was concluded in para 19 that section 5 of the limitation act cannot be pressed into service in aid of a belated application made under section 8 of the of the west bengal ..... furthermore, section 30, after amendment by the amendment act, 2000, gives a right to any person aggrieved by an order of the recovery officer, to prefer an appeal to the tribunal. ..... - (1) nothing in this act shall affect section 25 of the indian contract act, 1872 (9 of 1872). ..... south indian bank ltd. .....

R.V. BhasIn Vs. State of Maharashtra and Marine Drive Police Station

Court : Mumbai

Reported in : 2010(112)BomLR154

..... of maharashtra is of the opinion (emphasis supplied) that the circulation and sale of the book and the relevant translation thereof as the translated book contain abusive language bringing meanness to jihaad, quaran, mohammed, paigambar, indian muslims and conversions, as well as derogatory and false references therein is likely to create hatred against muslims in the minds of non-muslims thereby promoting enmity between classes so also the book and relevant translation thereof ..... the state government passed an order under section 2 of the criminal law amendment act, 1961 in respect of the said book and two other books stating that the books question the territorial integrity and frontiers of india in a manner which is likely to be prejudicial to the interest of the safety and security of ..... aforesaid the government of maharashtra is of the opinion that the circulation and sale of the said book and relevant translation thereof as the translated book contain abusive language bringing meanness to jihaad, quaran, mohammed paigambar, indian muslims and conversion, as well as derogatory and false references therein is likely to create hatred against muslims in the minds of non-muslims thereby promoting enmity between classes so also the said book and relevant ..... state of west bengal 59 ewn 495, where the calcutta high court has observed that formation of an opinion by government is undoubtedly the ground for the action taken by it, but the grounds of opinion are obviously different .....

Smt. Indirabai Bhalchandra Bhajekar, Vs. the Pune Municipal Corporatio ...

Court : Mumbai

Reported in : 2009(111)BomLR4251

..... amenity on the surrendered land at his cost, as the final development control regulations prepared in this behalf provide, or(c) by making an application to the state government for acquiring such land under the land acquisition act, 1894, and the land together with the amenity, if any, so developed or constructed so acquired by agreement or by grant of floor space index or additional floor space index or transferable development rights ..... the lessor, an amount equivalent to the value of the lessor's interest to be determined by any of the said authorities concerned on the basis of the principles laid down in the land acquisition act, 1894 floor space index (fsi) or transferable development rights (tdr) against the area of land surrendered free of cost and free from all encumbrances, and also further additional floor space index or ..... dated 2nd may 2001 passed in this petition it is clear that the municipal corporation approached the state government for modification of the development plan under section 37 of the mrtp act and till this day no such sanction has been received from the state government and, therefore, the reservation of the subject plot is that of 'parking' as per the ..... (3), if a declaration is not made within the period referred to in sub-section (2) or having been made, the aforesaid period expired at the commencement of the maharashtra regional town planning (amendment) act, 1993, (mah. ..... sections 5, 12 and 14 of the indian limitation act, 1963 (36 of 1963) shall .....

Bharat Petroleum Corporation Ltd. and Bharat Refineries Ltd. Vs. Anil ...

Court : Mumbai

Reported in : 2005(2)BomCR672

..... the word 'residential' which was earlier found in the said section has been deleted by amendment act 53 of 1950 vide section 9(1)(c) of the amendment act. ..... clause (hh) was inserted by amending section 61 of the amendment act 53 of 1950. ..... in order to decide the said issue, it would be relevant to consider the provisions of section 13(1) and 13(2) of the bombay rent act which reads as under:-'13(1) notwithstanding any thing contained in this act but subject to the provisions of section 15 and 15a, a landlord shall be entitled to recover possession of any premises if the court is satisfied(a).....................(b).................... (c).................... ..... 688 and submitted that in the said judgment it was held that in clause (h) and (m) of section 24(1) of the tenancy act, the word 'premises' meant the subject-matter of the lease nevertheless the landlord required the premises for 'his own occupation' ..... the controversy which falls for consideration before this court is as to which clause of section 13(1) of the bombay rent act is attracted in a case where the premises is an open land and eviction is sought for the construction of the building which is for the occupation of the landlords themselves or ..... his tenancy was terminated by the landlord on 13/9/1978 on the ground of arrears of rent and also for personal occupation of the landlord ..... 2659 of 1973, decided on 7th march, 1978). ..... 2659 of 1973 decided on 7/3/1978. ..... , : [1978]2scr621 , on which mr .....

Capt. S.C. Adhikari and ors. Vs. Air India and ors.

Court : Mumbai

Reported in : 2001(2)ALLMR17; 2001(2)BomCR269; (2001)2BOMLR27; [2001(88)FLR793]; (2002)IVLLJ409Bom

..... had majority of the workers on its roll, and was recognised as the representative union and registered as such under the industrial disputes act, as amended by the rajasthan industrial disputes (amendment) act, 1958. ..... tulsi, therefore, do not support his contention that the supreme court has laid down that a settlement arrivedat under section 18 of the industrial disputes act is liable to be challenged in the high court by way of a writ petition on the ground that the same is unjust, unfair, not bond fide, and has been arrived at on account of fraud, misrepresentation or concealment of facts or ..... 't' to the petition) wherein it has been stated that the re-fixation of seniority took place after bilateral negotiations between the indian pilots guild and the management before signing the memorandum of settlement dated 3rd january, 1998. ..... represent a substantial number of workers who supported the settlement, it held that the settlement was not a settlement under section 2(p) of the act and it was not open to it to take notice of the said settlement in proceedings under articles 226 and 227 of the constitution. ..... appealed to the supreme court by special leave, and the court by consent order dated 28th september, 1978, remitted the matter to the industrial court for recording findings on the issues framed in the order ..... that so far as fixation of seniority is concerned, that has been done by the indian pilots guild, and this was made clear to the petitioners by letter dated 17th june. .....