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Judgment Search Results Home > Cases Phrase: malnad area development board act 1991 section 9 proceedings presumed to be good and valid Page 1 of about 341 results (0.236 seconds)

Jan 12 2009 (HC)

N.G. Puttaswamy and anr. Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : 2)KCCR1201; 2009(2)KLJ521; 2009(3)AIRKarR65

..... , state government undertakings, or any board, body or corporation established by or under any law and owned or controlled by the government or zilla panchayats constituted under the karnataka panchayat raj act, 1993 or city municipal corporations established under the municipal corporations act, 1976 or city municipal councils established under the karnataka municipalities act, 1964 or the hyderabad karnataka areas development board constituted under the hyderabad karnataka area development board act, 1993 or malnad area development board constituted under the malnad area development board act, 1991 or the bayaluseeme development board constituted under the bayaluseeme development board act, 1994. ..... clause (d) of section 4 provides, where the goods or services are procured from certain department of government, public sector undertakings, statutory boards and such other institutions specified by the government and such goods are manufactured or services are provided by them, for a period not exceeding two years from the date of commencement of this act, the provisions of chapter ii of the act is not applicable. ..... section 5 of the act mandates that on and from the date of commencement of this act, no procurement entity shall procure goods or services except by inviting tenders for supply. .....

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Oct 23 2015 (HC)

Dr. Mohammad Ali Nawabsaheb Wadwan (since deceased through LRs.) Vs. T ...

Court : Mumbai

..... the third prayer is for setting aside the notice dated 18th october 2007 issued by the state government under sub section (1) of section 41 of the maharashtra housing and area development act, 1976 (for short `the mhada act'). ..... period of two years, the petitioners will not be entitled to the restoration of the possession of the said land; (v) if such application for initiating the acquisition proceedings is made by the solapur municipal corporation to the collector within a period of three months from today, the state government shall ensure that the proceedings are initiated immediately and concluded within a period of two years from today provided the solapur municipal corporation deposits the requisite amounts ..... this ground of challenge was that an order of requisition is by its very nature temporary in character and it cannot endure for an indefinite period of time and the order of requisition in the present case therefore ceased to be valid and effective after the expiration of a reasonable period of time and that it could not, under any circumstances, continue for a period of about 30 years and hence it was liable to be quashed and set aside or in any event the state government was bound to revoke the same ..... the learned counsel appearing for the fifth and sixth respondents relied upon the affidavit in reply of shri milind mohan atakale, the deputy engineer, solapur sub division, pune housing and area development board, solapur. .....

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Jun 10 2009 (HC)

Sri Govind B. Ron, S/O Sri Bhima Rao Ron Vs. State of Karnataka Rep. b ...

Court : Karnataka

Reported in : ILR2009KAR3805; 2010(1)KarLJ319:2009(6)AIRKarR454(D.B)

..... or mining operations with respect to any mineral specified in the first schedule in any area within that state which is not already held under any reconnaissance permit, prospecting licence or mining lease.8.1 invoking the powers conferred to central government under section 18 of mmdr act, the central government also framed minerals conservation and development rules, 1988.8.2 the state environment impact assessment authority, karnataka, therefore by proceedings dated 18.11.2008 directed the petitioner to approach the ministry of environment ..... rules to carry on the mining operations and transport the extracted mineral from the mining lease area holding that pending disposal of renewal application of the petitioner, the period of lease shall be deemed to have been extended by further period till the state government passes an order thereon, as otherwise section 4 of the mmdr act and the proceedings to be initiated under section 18 of the act would become redundant in our considered opinion all the provisions of the statute referred to above has to be read harmoniously .....

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Mar 24 2008 (HC)

Oberoi Constructions Private Limited a Company Registered Under the Co ...

Court : Mumbai

Reported in : 2008(3)ALLMR546; 2008(3)BomCR408; (2008)110BOMLR951

..... act (section 2(f)(i);(ii) any forest in respect of which a notification under section 35(1) of the forest act is in force immediately before 30th august, 1975 (section 2(f)(ii) and (iii) any land taken over as forest pursuant to an application by the owner himself under section 38: (section 2(f)(iii). he then submitted that it is in this context that section 2(f))(iii) of the 1975 act read with section 35(3) of the forest act must necessarily be confined to cases where valid and subsisting notices were issued at any time within one year before 30th august, 1975 and in respect of which ..... areas, for developing as he forest suitable for the purpose, for assigning a part of the private forest to the rural community; for controlling the soil erosion both in the forest areas and in the lower level agricultural lands, for conserving soil moisture for improvement of the water regime and raising the water table, for retarding the siltation of dams and tanks, for distribution of forest produce for the common good ..... a particular provision of law to ascertain the meaning and intendment of the legislature and in doing so, it should presume that the provision was introduced to effectuate a ..... petitioners that even under the revised development plan, 1991 the designation as i-3 continued, however, as is permissible under the development control regulations, 1991 the user of the said property ..... ., 'this board has insisted that in construing enacted words we are not concerned with the .....

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May 05 2016 (HC)

Jyoti Pratapsingh Chadel and Others Vs. Collector, Nanded and Others

Court : Mumbai Aurangabad

..... constituted under the bombay municipal corporation act, or the nagpur municipal corporation act, 1948, or any municipal corporation constituted under the bombay municipal corporation act, 1949, [(b) a council and a nagar panchayat constituted under the maharashtra municipal councils, nagar panchayats and industrial township act 1965,] (c) (i) a zilla parishad constituted under the maharashtra zilla parishads and panchayat samitis act, 1961, [(ii) the authority constituted under the maharashtra housing and area development act, 1976], (iii) the nagpur ..... the provisions of mlamd act in general, and provisions of section 3 and proceedings for disqualification under section 7 of the mlamd act in particular, do not cover councillor ..... the petitioners question propriety, legality and validity of order passed by respondent no.1 - collector, nanded dated 31-01-2015 in the case bearing no.2013/mca/k1/t1/cr-34, invoking provisions of section 3(1)(b) of maharashtra local authorities members disqualification act, 1986 (hereinafter referred to as "mlamd act"), whereunder petitioners have been held to be disqualified to continue as councillors for the remainder of the term of mahur nagar panchayat (hereinafter, ..... that since factual and procedural aspects are not in consonance with and in compliance of the provisions of the mlamd statute and rules thereunder, and the legal one that the mlamd act itself being inapplicable, the proceedings thereunder, as stated above, are void and non-est. 49 .....

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Feb 29 2016 (HC)

Municipal Corporation of Greater Mumbai and Another Vs. Shri Pandurang ...

Court : Mumbai

..... the implementation of the directions in the circular issued on 15th february 2016 in accordance with section 154 of the mrtp act; (c) even if there is an amendment of the dcr made hereafter providing for grant of additional fsi in the city, the benefit of the same shall not be extended to the building proposals/ applications for development permissions including for the redevelopment projects submitted from tomorrow; (d) immediate steps shall be taken ..... counsel further pointed out the earlier orders passed by this court and the proceedings of the advisory committee constituted under the orders of this court ..... clause 15 of rule 3 of the msw rules defines municipal solid waste which reads thus: (xv)"municipal solid waste" includes commercial and residential waste generated in a municipal or notified areas in either solid or semi-solid form excluding industrial hazardous waste but including treated bio-medical waste; thus, any commercial or residential waste either in solid or in semi ..... existing mulund, deonar and kanjur site be made applicable to the applicants, subject to the receipts of approval by the applicants on their pending proposal for grant of land on lease from the state of maharashtra and other permissions from ministry of environment and forests (moef), airport authority of india (aai), state environment impact assessment authority (seiaa), maharashtra coastal zone management authority (mczma), and maharashtra pollution control board (mpcb) and/or any other permissions .....

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Jul 29 2015 (HC)

The Bombay Environmental Action Group and Others Vs. The State of Maha ...

Court : Mumbai

..... accordingly, mhada and maharashtra housing and area development board (mhadb) prepared complete layout plans for charkop-kandivali, gorai-borivali, malvani-malad, versova-andheri and mulund and submitted the same to the municipal corporation of greater mumbai (mcgm ..... furthermore, it is made clear that all authorities concerned including the municipal corporation of greater mumbai and mhada may grant permissions for construction on the plots referred to in the aforesaid layouts subject to strict compliance with all requirements of law including the following : (a) while carrying out excavation or development work as contemplated in section 7 of the mrtp act no excavated earth or other debris or construction material or any kind will be stored or dumped on the road or ..... that mhada affidavit indicates that the plots in the layouts in question were allotted in 1989 or after 19 february 1991 and, therefore, subsequent development of the areas after 19 february 1991 cannot be taken into account for the purpose of deciding the ratio of "built-up plots to the total plots ..... lifeline of the area, no breach of the above directions can be regularised throughout the layouts forming subject matter of the petitions and other proceedings taken out in the ..... the pil petitioner further submitted that in any view of the matter, the crz clearance granted by moef in the years 2003 and 2005 cannot enure for the benefit of the petitioners as those clearances were valid only for a period of five years. 19. .....

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Jan 07 2010 (HC)

In Re: Europlast India Ltd. a Company Incorporated Under Companies Act ...

Court : Mumbai

..... against the company as on 31st march, 2000 irrespective of whether those persons have instituted proceedings against the company inter alia by way of suits or criminal complaints under section 138 of negotiable instrument act or petition for winding up of the company or for recovery of such claims and have not obtained decrees or orders by consent or otherwise in their favour for payment of such claims against the company, but does not include those who have been paid in ..... . one of the creditors by their letter dated 4th july, 2008 addressed to me, stated that when their representative had gone on the factory site to verify, he found that there was a board installed on the site on which the following was written:kelkar groupfactory : lbs marg, mulund mumbai, office : devkaran mension, 36 mangaldas road, mumbai.12) in the said letter it has been also mentioned that on further ..... . the fact asserted that the transfer was in good faith and for consideration cannot extricate the transferee of the legal position and permit him to contend that the transfer in its favour was a valid transfer of title, right or interest in the immovable property in the face of order of injunction or prohibitory ..... jagdish khandelwal s/o gauri shaijic-1/33, safdarjung development area,new delhi-110 016 ..... the court intends a particular state of affairs to exist while it is in seisin of a lis, that state of affairs is not only required to be maintained, but it is presumed to exist till the court orders otherwise .....

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Jul 13 2016 (HC)

M/s. Maya Developers Vs. Neelam R. Thakkar and Others

Court : Mumbai

..... on a certificate granted by the registrar under sub-section (1) or (2) of section 101 or sub -section (1) of section 137 or the recovery proceeding of the registrar or any officer sub ordinate to him or an officer of society notified by the state government, who is empowered by the registrar under sub-section (j) of section 156, or any orders, decisions, awards and actions of the registrar against which an appeal under section 152 or 152 a and revision under section 154 of the act have been provided shall not be deemed to be ..... developers offered an additional area (at a stated price) over and above the already increased area on re-development ..... person was responsible for complying with any directions or modified directions issued to a society under subsections (1) and (2) and he has failed, without any good reason or justification, to comply with the directions, the registrar may by order (a) if the person is a member of the committee of the society, remove the member from the committee and appoint any other person as a member of the committee for the remainder of the term of his ..... the society pasted a notice on its board saying that a 5% discount would be given on purchase of additional area by the society (for buying an ..... 553).it is also a well-established principle of statutory interpretation that a court must presume that the legislature has been precise, careful and deliberate in its choice of language. ..... provided under the development control regulations for greater mumbai, 1991. .....

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Apr 10 2019 (HC)

Mahindra Electric Mobility Limited and Anr. Vs.cci and Anr.

Court : Delhi

..... act (section 293); goods and services tax act, 2017 (section 162); securities and exchange board of india act (section 20a); recovery of debts due to banks and financial institutions act, 1993 (section 18); securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 (section 34); telecom regulatory authority of india act ..... interpretation of foreign law or of science or art; (f) take notice of the facts of which notice can be taken by a court of law under section 57 of the indian evidence act, 1872 (1 of 1872); (g) accept the facts, which parties to the proceedings admit or agree in writing as proved; (h) presume that any document purporting to be a certified copy of any record of any authority, court or government of any country not forming part of india as genuine ..... america, the principle appears to be well settled that if a statutory provision is otherwise intra-vires, constitutional and valid, mere possibility of abuse of power in a given case would not make it objectionable, ultra-vires or ..... wake of economic reforms since 1991, it was felt that this act had become obsolete in the light of international economic developments which relate more particularly to competition laws and thus, there was a ..... play any role, with reference to the places where the benches would be set up, the areas over which the benches would exercise jurisdiction, the composition and the constitution of the benches, as also, the transfer of the members from one bench .....

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