Court : Chennai
Reported in : (2002)2MLJ326
..... by the hon'ble supreme court striking down the limitations prescribed under sections 30(ii) of the tamil nadu buildings (lease and rent control) act, 1960, restricting the jurisdiction of the act based on the monthly rent payable in respect of a residential premises while ultimately holding that the civil court acting without the aid of the exclusionary provision in clause (ii) of the section 30 during the period of invalidity has become corum non judice and its ..... shanti prasad), while dealing with a case, which arose out of a revisional order of the district judge under section 25 of the provincial small cause courts act, where the question was whether there could be a further revision of the revisional order of the district judge by the high court under section 115 c.p.c. ..... forward with the present m.p.no.250 of 2001, contending that the relationship between the petitioner and the respondent was one of licensor and licensee, that there was no landlord-tenant relationship and therefore, the act itself was not applicable to the case on hand and consequently, it was prayed that when there was no inherent jurisdiction to entertain the main r.c.o.p. ..... (2) omitted by amendment act, 1976. ..... laxmidas raghunath reported in 1971 maharashtra law journal 604 at p.607, which is to the following effect : ' intention of the parties to an instrument must be gathered from the terms of the agreement examined in the light of the surrounding circumstances. .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(6)BomCR574; (2005)107BOMLR337; (2006)4CompLJ117(Bom)
..... sayed, the learned counsel appearing on behalf of maharashtra housing and area development authority (mhada) has submitted that the maharashtra housing and area development act, 1976 has been enacted basically to deal with housing, repairing and reconstructing dangerous buildings as well as carrying out improvements of work in slum areas.102. ..... and nowhere so stated in the pleadings) that the phrase 'land after demolition of existing structures' from dcr 58 is deleted on account of the subsequent amendment of the definition of the word 'development' as contained in section 2(7) of the maharashtra regional & town planning act, 1966 ('mrtp' for short) and that it is contended by the petitioners that in dcr 58 of 1991 it was necessary to include the phrase 'land after demolition of existing structures' as prior to the amendment of section 2(7) of the ..... these are quoted below:'we are fully aware that the issues presented in this case illustrate the classic struggle between those members of the public who would preserve our rivers, forests, parks and open lands in their pristine purity and those charged with administrative responsibilities who, under the pressures of the changing needs of an increasingly complex society, find it necessary to encroach to ..... in a statute will not be construed to defeat its manifest purpose and general values which animate its structure'.256. ..... in a statute will not be construed to defeat its manifest purpose and general values which animate its structure. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(2)ALLMR717; 2007(1)BomCR417
..... maharashtra educational institutions (management) act, 1976, the maharashtra employees of private schools (conditions of service) regulations act, 1977 and the rules framed thereunder, maharashtra universities act, 1994, to provide for disqualification, suspension of trustees and members of the educational institutions on the ground of sexual harassment, their vicarious liability in respect of such acts of any of the trustees/members or staff, stoppage of government aid, punishment for misconduct, withdrawal of recognition or affiliation, payment of compensation from the grant in aid or salary etc; by issuing a writ ..... the judgment is concluded with the directions that the guidelines and norms should be strictly observed in all work place by preservation and enforcement of the right to gender equality of the working women, and it is also declared that these directions would be binding and enforceable in law until suitable legislation is enacted to occupy the field.15. ..... one is entitled to have and preserve, one's reputation and one also has a right to protect it. ..... reported in : air1997sc3011 for the preservation and enforcement of right to gender equality of working women in all the educational institutions, universities, public trusts and such other similar institutions, by issuing a writ of mandamus or any other appropriate writ, order or directions. ..... preservation of human life is thus of paramount importance.... .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1978Bom119; (1977)79BOMLR499
..... by consent, the order of the high court dated 8-3-1976 was set aside by the supreme court on 1-11-1976 and the case was remitted to the high court 'to hear the parties on maharashtra private forests (acquisition) (amendment) act, act 72/75, and after hearing the rival contentions of the parties ..... including fire-wood with a view inter alia to decrease the dependence on cow-dung, and in particular, for afforestation of private forest wherever feasible on scientific lines, and thereby create conditions for the preservation of soil, conservation of water, prevention of erosion of soil and for improvement of land and underground water resources to the best interests of agriculture and agriculturists in such private forests and other lands in ..... the forest; in other words, forest produce in its primary and natural state lying in the forest as well as wild animals living therein unquestionably go with the forest and there can be no dispute that such forest produce and such wild animals would be included in the concept of forest and the expression 'forests' as a legislative head would surely include within ..... such as, trees end leaves, flowers and fruits, plants not being trees (including grass, creepers, reeds and moss) and all parts or produce or such plants, wild animals and skins, tusks, horns, bones, silk, cocoons, honey, wax and all other parts of produce of animals, peat, surface, soil, rock and minerals and all productsof mines or quarries, when found in, or brought from, a forest. .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(3)BomCR705
..... . in that case, by the bombay animal preservation (gujarat amendment) act, 1994 a total prohibition was imposed on the slaughter ..... the fundamental rights of the citizens affected thereby and the larger public interest sought to be ensured in the light of the object sought to be achieved, the necessity to restrict the citizen's freedom, the inherent pernicious nature of the act prohibited or its capacity or tendency to be harmful to the general public, the possibility of achieving the object imposing a less drastic restraint, and in the absence of exceptional situations such as the prevalence of a state of ..... exercise of legislative power by parliament pursuant to the residuary powers vested in it to trench upon state legislation and which would thereby destroy or belittle state autonomy must be rejected.the preamble of the bombay police act, 1951 and the amendments, may now be set out as under:.and whereas it is necessary to consolidate and amend the law relating to the regulation of the said force and the exercise of powers ..... . it is submitted that the right to trade in liquor may not be a fundamental right, but in so far as the state of maharashtra is concerned, a law having been enacted for carrying on trade in liquor by licensees holding valid licences issued under the bombay prohibition act, 1949 read with the bombay foreign liquor rules, 1953, the petitioners' members, who are the holders of such licences, have a statutory right which can be invaded ..... : (1976) .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(4)ALLMR72; 2008(3)BomCR516; (2008)110BOMLR1555
..... even validity of section 8(4) of the maharashtra urban areas tree preservation act, 1975 was challenged and further had prayed for an order and direction of the court for ..... of signboards of the nature defined and envisaged therein to keep road margins and space above such margins not indiscriminately meddled with so as to affect the free movement and free flow of traffic, preserve the ecology and environment by averting and regulation to the extent required, ensuring, in public interest, adverse physiological and psychological impacts either directly or indirectly due to the use of neon lights/illuminations ..... of the nature defined and envisaged therein to keep road margins and space above such margins not indiscriminately meddled with so as to affect the free movement and free flow of traffic, preserve the ecology and environment by averting and regulation to the extent required, ensuring in public interest adverse physiological and psychological impacts either directly or indirectly due to the use of neon lights/illuminations, etc.50. ..... vehiclescarriage including touristvehicles(xiii) educational institution buses (xiii) tower wagons andtree trimmingvehicles owned bycentral, state andlocal authorities(xiv) ambulances (xiv) construction equipmentvehicles as defined inrule (2)(ca)*(xv) animal ambulances(xvi) camper vans or trailers(xvii) cash vans(xviii) fire tenders, snorked ladders,auxiliary trailers and firefighting vehicles(xix) articulated vehicles(xix) hearses(xx) omnibus+39. .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(1)BomCR24
..... relevant provisions of the constitution as amended by the constitution (42nd amendment) act, 1976, the indian forest act, 1927, the forest (conservation) act, 1980, the wild life (protection) act, 1972 and the maharashtra private forests (acquisition) act, 1975 in writ petition no. ..... including fire-wood with a view to inter alia to decrease the dependence on cow-dung, and in particular, for afforestation of private forest wherever feasible on scientific lines, and thereby create conditions for the preservation of soil conservation of water, prevention of erosion of soil and for improvement of land and underground water resources to the best interests of agricultural and agriculturists in such private forest and other land in the ..... : air1992sc514 , a social action group concerned and working for protection of environment and preservation of wild life preferred public interest action for the enforcement of statutory notifications promulgated under the wild life (protection) act, 1972 for protection of reserved forests in alwar district of the state of rajasthan. ..... first, certain interests, such as navigation and fishing, were sought to be preserved for the benefit of the public; accordingly, property used for those purposes was distinguished from general public property which the sovereign could ..... to the report dated 7th february, 2002 of the committee appointed by the high court for the purpose of afforestation and preservation of the sanjay gandhi national park, headed by hon'ble mr. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(1)ALLMR537
..... of the high court of bombay did not examine the matter very closely whether the provisions of the bangalore development authority act, 1976 and that of the maharashtra regional and town planning act, 1966 are in pari materia or not. ..... the provisions of the bangalore development authority act, 1976 which was under consideration in bangalore medical trust and the provisions of the maharashtra regional and town planning act, 1966 are not pari materia. ..... its meeting held on 26th december, 2000 accorded sanction for including the subject land in the residential zone deleting it from hths zone; to make changes as per section 37(1) of the town planning act; to issue public notice calling any objections/suggestions from the public as per the directions received to prepare the report as per section 37(1) and send the proposal to the state government for final approval. ..... its attainment including their right to life with human dignity encompasses within its ambit, the protection and preservation of environment, ecological balance free from pollution of air and water, sanitation without which life cannot ..... legislative intent by reserving/preserving the open places for public parks, gardens and play grounds have always been for the promotion and enhancement of the quality of life by preservation of the character and ..... that development plan provides for preservation, conservation and development of the areas of natural scenery and landscape amongst other provision; while doing so, it has made .....
Tag this Judgment!Court : Mumbai
Reported in : 2001(4)BomCR35; (2001)3BOMLR65
..... interested person to be vigilant and watchful to impugn such notification under section 126 in the high court under article 226 before the acquisition becomes final and conclusive under section 12(1) of the act between the collector (land acquisition officer) and the interested person whether or not he appeared or represented before him and the lands stand vested in the state under section 16 or 17 free from ..... acquired by agreement within ten years from the date on which a final regional plan or final development plan comes into force or if proceedings for the acquisition of such land under this act or under the land acquisition act, 1894, are not commenced within such period, the owner or any person interested in the land may served notice on the planning authority, development authority or as the case may be, ..... that matter that under the provisions of bangalore development act, 1976, there was no power to permit such conversion ..... behalf that whereas the purpose of acquisition must survive until the possession of the concerned land is taken under section 16 of the acquisition act, in the instant case, the purpose for which acquisition proceedings are initialed is itself different from the purpose designated in the sanctioned plan ..... the court of civil judge, senior division, pune against the state of maharashtra and the land acquisition officer to challenge the award, but did not ..... ) 'would be entrenching upon the preserves of legislature', the primary function of a court of law being .....
Tag this Judgment!Court : Mumbai
Reported in : 1988(3)BomCR489
..... therefore, it will not be correct to say that the government resolution issued in that behalf are anyway contrary to the amending act of 1976 or are arbitrary or confer an unbridled or arbitrary power upon the scrutiny committee.7. ..... 44 in the ii schedule the scheduled castes and scheduled tribes order (amendment) act 1976, the tribes known as thakur, thakar, ka thakur, ka thakar, ma thakur and ma thakar are notified as scheduled tribes. ..... the social and constitutional policy is to integrate tribals with larger society and not to preserve them as human specimen for attracting foreign tourists. ..... certify caste certificates of scheduled tribes recommended by the maharashtra public service commission and different selection boards appointed by the government for the seats reserved for scheduled tribes.3. ..... in the list notified by the maharashtra government for other backward class. ..... according to the petitioners 'thakurs' in maharashtra belong to scheduled tribe which is included in the schedule at entry no. 44. ..... state of maharashtra, writ petition no. ..... state of maharashtra, writ petition no. ..... state of maharashtra, in writ petition no. ..... state of maharashtra, : 1986(1)bomcr403 , as well as in kum sunanda v. ..... state of maharashtra, writ petition no. ..... state of maharashtra, writ petition no. ..... state of maharashtra, writ petitions nos. ..... state of maharashtra & others, writ petition no. ..... state of maharashtra petitioner v. ..... state of maharashtra, : 1986(1)bomcr403 , as well as various research papers.4. .....
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