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Shivamrut Dudh Utpadak Sahakari Sangh (Through Its Chairman Mr. Rajsin ...

Court : Mumbai

Reported in : 2004(2)ALLMR297; 2004(5)BomCR165; 2004(3)MhLj668

..... 1, under section 157 read with section 77a of the maharashtra cooperative societies act, 1960 (hereinafter referred to as 'the act'), granting exemption under sections 73-g and 73-h of the act to maharashtra rajya sahakari dudh mahasangh maryadit, respondent no. ..... the said notification reads thus:order agriculture, animal husbandry,dairy development andfisheries department,mantralaya annexe,mumbai-400 032.dated the 14th november, 2003whereas, the maharashtra rajya sahakari dooth mahasangh maryadit, mumbai (hereinafter referred to as 'the said society' ) registered in the year 1967 under the maharashtra co-operative societies act, 1960 (mah. ..... in the first affidavit dated 18th november, 2003 filed by the deputy secretary, animal husbandry, dairy and fisheries department, it was stated that though the petitioners had sought direction to hold election of the board of directors of respondent no. ..... of the said society is vested, is constituted under section 73 of the said act;and whereas, section 73 of the said act contemplates such constitution in accordance with the act, rules and bye-laws made thereunder;and whereas, the said society from its very inception has a nominated board of directors duly nominated by the state government for such period, as notified therein;and whereas , by government resolution, agriculture, animal husbandry, dairy development and fisheries department no. .....

Maharashtra Rajya Macchimar Sahakari Sangh Ltd., Through Its Manager S ...

Court : Mumbai

Reported in : 2005(4)BomCR161

..... maharashtra fisheries development corporation limited, which is the third respondent to these proceedings, was established on 5th february, 1973 and the aforesaid complex was ..... registered under the maharashtra co-operative societies act, 1960. ..... which arises before the court in these proceedings is whether the recovery certificate issued by the third respondent under the maharashtra realization of land revenue rules 1967 and the action adopted by the collector of pursuing proceedings under the land revenue ..... the proceedings that have been adopted by the respondents under section 267 of the maharashtra land revenue code, 1966 and under the maharashtra realization of land revenue rules 1967 for the recovery of the alleged dues of the ..... on 21st december, 2001 the office of the collector issued a notice under section 267 of the maharashtra land revenue code, 1966 through the tehsildar for the recovery of an amount of rs.17,52,281/- and it was stated that on the failure of the petitioner to pay the amount, its properties ..... 9th february, 1990 the petitioner in a letter to the secretary in the agricultural, animal husbandry, dairy development and fisheries department admitted that the dues payable to the employees were liable to be paid by the petitioner. ..... consisting of the ice factory, cold storage and fish meal plant came to be transferred to the fisheries department of the government of maharashtra. ..... made a claim of rs.58.47 lacs on the fisheries department of the state government. .....

Maharashtra Rajya Macchimar Sahakari Sangh Ltd. Vs. State of Maharasht ...

Court : Mumbai

Reported in : 2005(2)MhLj1142

..... maharashtra fisheries development corporation limited, which is the third respondent to these proceedings, was established on 5th february, 1973 and the aforesaid complex was transferred to it by the ..... is a co-operative society registered under the maharashtra co-operative societies act, 1960. ..... short question which arises before the court in these proceedings is whether the recovery certificate issued by the third respondent under the maharashtra realization of land revenue rules, 1967 and the action adopted by the collector of pursuing proceedings under the land revenue code are ..... the proceedings that have been adopted by the respondents under section 267 of the maharashtra land revenue code, 1966 and under the maharashtra realization of land revenue rules, 1967 for the recovery of the alleged dues of the third respondent are quashed and ..... the third respondent, on 9th february, 1990 the petitioner in a letter to the secretary in the agricultural, animal husbandry, dairy development and fisheries department admitted that the dues payable to the employees were liable to be paid by the petitioner. ..... december, 2001 the office of the collector issued a notice under section 267 of the maharashtra land revenue code, 1966 through the tahsildar for the recovery of an amount of rs. ..... may, 1964, the complex consisting of the ice factory, cold storage and fish meal plant came to be transferred to the fisheries department of the government of maharashtra. ..... lacs on the fisheries department of the state .....

Ambika Mahila Matsyavyavasayik Sahakari Sanstha Ltd. Vs. The State of ...

Court : Mumbai Nagpur

..... it is submitted that after withdrawal of the writ petition, the respondent no.6-society filed an appeal under section 152 of the maharashtra co-operative societies act, 1960 (hereinafter referred to as act of 1960 ) praying that the decision of the tank allotment committee taken on 18-7-2011 allotting the fishing rights in respect of the tank in dispute to the petitioner-society ..... of fisheries may not be able to examine the challenges raised by the respondent no.6-society by exercising his powers under section 152 or 154 of the act of 1960, the commissioner of fisheries can examine the grievance made by the respondent no.6-society and the appeal filed by the respondent no.6-society under section 152 of the act of 1960 can ..... tank at waghadi and the fact that the members of the petitioner-society are given special training by the experts from the national fisheries development board and the senior officers of fisheries department of government of maharashtra, the tank allotment committee had taken the decision to allot the fishing rights in respect of waghadi tank in favour of the petitioner-society. ..... submitted that considering the status of the petitioner-society that it is formed by women members exclusively and considering the exemplary work done by the petitioner-society, the national fisheries development board, hyderabad selected it for implementing the scheme for increasing the productivity of fishes under the pilot project financed by the government of india and the fact that .....

The Goa State Cooperative Bank Ltd. Vs. Shri Krishna Nath A. (Dead) Th ...

Court : Supreme Court of India

..... respondent(s) arun mishra, j.judgment1 the question involved in the present matter is whether under the provisions of section 109 of the maharashtra co operative societies act, 1960 (hereinafter referred to as the act ) on expiry of the period fixed for liquidation, the proceedings for recovery of dues instituted/pending as against the members, shall ..... in the case of a society which is under liquidation at the commencement of the maharashtra co-operative societies (second amendment) act, 1985 the period of six years shall be deemed to have commenced from the date on which the liquidator took over ..... the high court vide impugned judgment and order dated 29.11.2006 held that as per section 109 of the act, the winding up proceedings have to be closed as soon as practicable within six years from the date the liquidator takes control of all the property, unless the period is extended ..... 103(4), the liquidator, subject to the general control of the registrar, exercise all or any of the powers mentioned in section 105 of the act and the registrar is empowered to remove the liquidator and appoint another without assigning any reason. ..... the main objective of the society was to promote fisheries and improve socio economic condition of the fishermen by providing necessary financial assistance, in order to enable them ..... and diu cooperative fisheries federation limited (hereinafter referred to as the society ) was registered under the act as it is ..... affiliated primary fisheries cooperative society. .....

State of Bombay Vs. Sardar Venkat Rao Krishna Rao Gujar

Court : Supreme Court of India

Reported in : AIR1966SC991; [1963]1SCR428

..... under the provisions of the states re-organisation act, 1956 those rights vested in the state of bombay and now by virtue of bombay re-organisation act, 1960 (11 of 1960) in the state of maharashtra. ..... ottas an chabutras were constructed in brick and stone, they should be allowed to remain with the ex-proprietors and the land thereunder should be settled with them under section 5(a) of the madhya pradesh abolition of proprietary rights act, 1950 (1 of 1951) on terms and conditions determined by the government; and (ii) where the ottas and chabutras are in mud, the land under them should be deemed to have vested in the state government. 5. ..... :- 'all rights, titles and interest vesting in the proprietor or any person having interest in such proprietary right through the proprietor in such area including and (cultivable or barren) grass-land, scrub jungle, forest, trees, fisheries, wells, tanks, ponds, waterchannels, ferries, pathways, villager sites, hats, bazars and melas;...... ..... in our opinion high courts was quite right in holding that even uncovered ottas and chabutras fall within the term 'building' as used in section 5(a) of the act and, therefore, along with the land appurtenant to them they must be settled with the respondent. 18. mr. ..... for that the ottas and chabutras in the bazar area could not be held to be buildings contemplated under section 5(1)(a) read with section 4(1)(a) of the act 1 of 1941 and could not be settled with the ex-proprietor under the law. 7. .....

The Communist Party of India and ors. Etc. Vs. State of Maharashtra an ...

Court : Mumbai

Reported in : AIR1989Bom29; 1988(2)BomCR627; 1988MhLJ504

..... since we have upheld the validity of the new definition of the word 'population' substituted as new clause 2(20a) in the act by section 4 of the maharashtra act no 12 of 1985 the petitioners are not entitled to the relief that the said definition clause as well as the zilla parishads reservation rules, 1985 and the panchayat samitis reservation rules 1985 should ..... by its notification dated 18-7-1985 has frames under section 58 (1) (a-a) of the act , the maharashtra panchayat semites scheduled castes and scheduled tribes (manner of reservation of seats) rules, ..... on behalf of the petitioners in these writ petitions is that the definition of the expression 'population' which is newly substituted as clause (20a) in section 2 of the maharashtra zilla parlishads and panchayat samities act , 1961 (for short, 'the act '), by the dissolution of osmanabad and parbhani zilla parishads and temporary postponement of elections and the maharashtra zilla parishads and panchayat samities (amendment) act , 1985 (hereinafter referred to as 'the maharashtra act no. ..... as regards the maharashtra zilla parishads (electoral divisions and reservations of seats ) rules, 1985, which deal with the creation of the electoral divisions and reservations of seats in the elections of the zilla parishads under the act , it may be seen that in view of our reasoning the creation of the general seats and the reserved seats in the electoral divisions for the scheduled castes and the scheduled tribes, cannot be served .....

Bses Limited Vs. Union of India (Uoi)

Court : Mumbai

Reported in : AIR2001Bom128; 2001(1)BomCR394

..... the first petitioner herein, bses limited, is a company registered under the indian companies act, 1913, having a thermal power station at dahanu, in the state of maharashtra, which has challenged the decision of the dahanu taluka environment protection authority ('dtepa', for short), an authority constituted under the provision of section 3(3) of the environment protection act, 1986 ('the act', for short) dated 12th may, 1999, whereby it has directed the petitioners to install a flue ..... and forests, in exercise of powers conferred by clause (v) of subsection (2) of section 3 of the act, in consultation with the government of maharashtra, after considering the need for protecting the ecologically sensitive dahanu taluka, and to ensure that the development activities are consistent with principles of environmental protection and conservation, has declared dahanu taluka, in the district of thane (maharashtra), as an ecologically fragile area, and has imposed restrictions on the setting up of industries which have ..... the mpcb, by its letter (exhibit 'g') dated 14th january, 1991, wrote to the secretary, department of environment, government of maharashtra, that in view of the letter of the petitioners dated 5th january, 1991 for re-consideration of the condition relating to installation of fgd plant, the mpcb had referred ..... known that the local economy of dahanu is totally dependent upon the orchards, fisheries and minor forest produce, as it is an ecologically fragile area. .....

The State of Maharashtra and anr. Vs. the Jalgaon Municipal Council an ...

Court : Supreme Court of India

Reported in : AIR2003SC1659; 2003(2)ALLMR(SC)725; JT2003(5)SC509; (2003)9SCC731; [2003]1SCR1112

..... be specified by the state government by a notification in the official gazette.now, therefore, in exercise, of the powers conferred by sub-section (3) of section 3 of the municipal councils act as amended by the maharashtra municipal councils, nagar panchayats and industrial townships (second amendment) ordinance, 2001, the government of maharashtra hereby specifies the 21st november, 2001 to be the date on or before which the objections pursuant to the said proclamation shall be entertained.by order and in the name of the ..... jalgaon municipal council to be larger urban area;now, therefore, in exercise of the powers conferred by sub-section (2) read with sub-section (2a) of section 3 of the said act, and after previous publication of the draft notification as required by sub-section (4) of said section 3, the government of maharashtra hereby specifies the 18th december, 2001 to be the date from which the area specified in the schedule appended hereto, which comprise of the whole of the jalgaon ..... removal of doubt -- for the removal of doubt it is hereby declared that sub-section (3) of section 3 of the municipal councils act having been amended retrospectively, with effect from the 16th october, 2001 by the maharashtra municipal councils, nagar panchayats and industrial townships (second amendment) ordinance, 2001 (hereinafter, in this section, referred to as 'the said ordinance') and accordingly-- (i) any government proclamation notification order or instrument issued or purported .....

The Commissioner of Sales Tax, Maharashtra State, Bombay Vs. M/s. Veer ...

Court : Mumbai Nagpur

..... the case, the tribunal was justified in coming to the conclusion that the order of assessment was governed by sub section (5) of section 33 of the act and not by sub section (3) of section 33 of the act inspite of the fact that the sales tax officer had assessed the dealer under sub section (3) of section 33 of the act and, therefore, explanation (1) to section 36(2)(c) could not have been invoked for levy of penalty under the said section 36(2)(c)? ..... referred to this court under section 61 of the maharashtra sales tax act, 1959 (earlier bombay sales act, 1959) (for short, the said act ? ..... uike for the applicant the commissioner of sales tax, maharashtra state, bombay and learned counsel for the respondent shri ..... of case forwarded to this court, amount of penalty imposed under explanation ii of section 36(2)(c) of the said act is mentioned as rs.880/while in the order of sales tax officer dated 5.8.1980 that amount is mentioned ..... state of maharashtra, reported at 1996 (vol.101) 177, ..... uike submits that it expressly refers to section 33(3) of the said act and also points out the actual figures of sales and purchases from ..... the said payment is not 80% of the tax worked out and, therefore, presumption under explanation i of section 36(2)(c) of the said act has been invoked after following due procedure. ..... according to him, section 33(3) of the said act proceeds on the basis of information furnished in the return while section 33(5) of the said act can be invoked in cases where return is not .....