Court : Mumbai Nagpur
..... 287, with reference to section 58 repeal and saving clauses of the maharashtra rent control act, 1999 ( in force since 1.7.2000), it is held that the new act does not put any restriction upon landlord to withdraw the proceeding pending under c.p. ..... according to learned counsel for the appellant, the plaintiff has now option to withdraw the suit and institute fresh proceeding under the new rent act or to continue under the old proceedings before the rent controller under the old law.6. ..... and also to get the question determined as to the extent, area, size of the premises let or given on license and status of the parties qua the premises by approaching the competent court under the new rent act, relying upon admission ,if any, given on behalf of defendant in past legal proceedings. ..... learned counsel also submitted that section 58(2) of the maharashtra rent control act is not retrospective but prospective in application. ..... option is for the landlord to continue proceedings pending under the old act or to withdraw it to start new proceedings under the new act.7. ..... & berar regulation of letting of accommodation act, 1946 including central provinces & berar letting of houses & rent control order, 1949 and to institute a fresh proceeding under the new act. ..... it permits landlord to prosecute the proceedings before the rent controller under the old act if he so desired. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the issue on the basis of evidence and recorded a finding that the plaintiff had not issued necessary notice u/s 164 of the said act of 1960 and arrived at findings that the evidence on record as well as pleadings of the parties established that the defendant no1. ..... had failed to establish the fact that presuit statutory notice in accordance with section 164 of the act was issued to the defendant society and served upon the registrar of the cooperative society before the ..... it is held that suit against cooperative housing society was not maintainable without notice u/s 164 of the act of 1960 in respect of an agreement entered into between the plaintiff and the defendant touching the business ..... 503, wherein in para no.18, the division bench of this court considered the provisions of section 164 of the act of 1960 and held the word "touching" is very wide but with certain limitations and would include any matter relates to concerns or ..... which reads thus :no suit shall be instituted against a society, or any of its officers, in respect of any act touching the business of the society, until expiration of two months next after notice in writing has been delivered to the registrar or left at his office, stating the cause of action, the ..... on the ground that the suit was not competent for want of presuit statutory notice as required under section 164 of the maharashtra cooperative societies act ,1960 ( in short, "the act of 1960") and, therefore, trial court could not have entertained it.5. .....
Tag this Judgment!Court : Mumbai Nagpur
..... as a rule, trustees must execute the duties of their office jointly, this general principle is subject to the following exceptions when one trustee may act for all (1) where the trust deed allows the trusts to be executed by one or more or by a majority oftrustees; (2) where there is express sanction or approval of the act by the co-trustees; (3) where the delegation of power is necessary; (4) where the beneficiaries competent to contract consent to the delegation; (5) where the delegation to a co-trustee is ..... that suit for possession was filed on 5.10.1988 and decided on 19.9.1992, in this case the tenant, in my opinion, can not be allowed to say that the proceedings under the repealed act is still pending and is required to be decided under the old repealed acts because s.58 (2) of the maharashtra rent act only stipulates enabling and deeming provision to facilitate disposal of pending proceedings. ..... once defendant/tenant had tendered/paid rent to the plaintiff's wahiwatdar kishorbhai which was acknowledged, the tenant in view of section 116 of the evidence act is estopped from raising a plea that swami narayan mandir cannot bring a suit as landlord" of suit property. ..... learned counsel for the appellant has also relied upon s.7(c) of the bombay general clauses act, 1904 about the effect of repeal to argue that unless a different intention appears, the repeal shall not affect any right, privilege, obligation, or liability acquired, accrued or incurred under any enactment .....
Tag this Judgment!Court : Mumbai Nagpur
..... narasimha setty", hon'ble apex court states that section 27 of the limitation act, 1963, operates to extinguish the right to property of a person who does not sue for its possession within the time ..... neither the provisions of section 6(ha) nor provisions of section (j) of the bombay court fees act were found attracted and therefore, no court fees has been held payable in respect of declaratory relief sought for by ..... this court noted that section 19(a) of the specific relief act provided that the specific performance of the contract may be enforced against either party thereto whereas under section 19(b) relief can be sought against any other person claiming under him by a title arising ..... section 52 of the transfer of property act stipulates that immovable property title to which is in dispute in a pending contested suit, can not be transferred or otherwise dealt with by any party to it to prejudice the rights of other party under a ..... 19(b) of the specific relief act and its purpose have lead this court to ..... came before this court, this court found that it cannot be said that the subject matter in dispute was not susceptible of monetary evaluation and as such, the provisions of section 6(j) of the act would not apply. ..... of the adverse possession, upon amendment to declare a lispendence saledeed executed by the defendant therein bad and not binding on him, the plaintiff has to pay court fee under s.6(iv)(ha) of the bombay court fees act, 1959, (hereinafter referred to as the act). .....
Tag this Judgment!Court : Mumbai Nagpur
..... try the suits or proceedings of a civil nature wherein the subject matter does not exceed its amount or value of rupees one lakh, as contemplated by section 24 of the bombay civil courts act, 1869, its jurisdiction was excluded at a place where the court of small causes is established by the state government, to try and decide the suits of a civil nature, the value of ..... of the value of the subject matter of such suit and, therefore, any civil judge invested with the jurisdiction of the court of small causes under section 28 of the bombay civil courts act, 1869 cannot exercise jurisdiction to entertain and try the suit or proceedings between a licensor and licensee, or a landlord and tenant relating to recovery of possession of any immovable property, irrespective ..... of subject matter of the suits or proceedings exceeds the pecuniary limit of rupees twelve thousand or rupees six thousand, as the case may be, specified under section 28(1) of the civil courts act, whether a civil judge invested with the jurisdiction of the court of small causes by the high court, for the trial of the suits cognizable by such courts, shall have the jurisdiction ..... courts and revision of cases decided by them, and(e) the finality of their decrees and order subject to such appeal and revision as are provided by this act, applies to courts invested by or under any enactment for the time being in force with the jurisdiction of a court of small causes so far as regards the exercise of that jurisdiction by .....
Tag this Judgment!Court : Mumbai Nagpur
..... said election petition is under section 27 of the maharashtra zilla parishads, panchayat samitis act, 1961.3. .....
Tag this Judgment!Court : Mumbai Nagpur
..... down the contention of employer that being a night school, provisions of maharashtra employees of private schools (conditions of service) act,1977 (herein after referred to as "the 1977 act" for short) and the 1981 rules framed thereunder were not applicable to it.4. ..... has found that night school before it satisfied the requirements of section 2 (21) of the 1977 act defining what is "recognized" and also its section 2 (24) which defines what is "school ..... he has invited attention to secondary school code and to the 1977 act read with the 1981 rules to demonstrate that said provisions recognize night school establishment and confer status of permanency upon ..... in view of government resolutions recommending such absorption and previous conduct of employer, division bench hoped that employer would act fairly in the matter and treat petitioners before it similarly. ..... though the petitions contain a ground that the 1977 act and the 1981 rules do not apply to night school, employer management could not point out why and how the negation of said contention by school tribunal ..... the judgment also necessitates perusal of the 1977 act and the 1981 rules to find out what is meant by ..... it therefore follows that provisions like section 4 of 1977 act regarding terms and conditions of service of employees of private schools is squarely attracted in present matters and teaching as also nonteaching staff in night school enjoys same security of tenure and protections as are available to fulltime staff of .....
Tag this Judgment!Court : Mumbai Nagpur
..... it is submitted that acceptance of resignations alleged to have been given by the petitioners by the chairman of panchayat samiti is in violation of mandatory provisions of section 60 of the maharashtra zilla parishads and panchayat samitis act, 1961 (hereinafter referred to as "the act of 1961"), rules 3, 4 and 6 of the maharashtra zilla parishads (councillors) and panchayat samitis (members) (resignation) rules, 1962 (hereinafter referred to as "the rules of 1962") as well as sub- ..... counsel for respondent no.3 has contended that merely because notice of resignation submitted by the petitioners in the format similar to `form i', that by itself would not render the act of submission of letters of resignation by the petitioners invalid in law and though receipt thereof is not issued by the authority in `form ii', the same also does not ..... in the instant case, tendering of letters of resignation and acceptance thereof being completely in violation of the mandatory procedure stipulated in the act of 1961 and the rules of 1962 and 1965, it is difficult for us to hold that either the letters of resignation tendered by the petitioners can be treated to be valid ..... 20) for the reasons stated hereinabove, acceptance of letters of resignation of the petitioners by the chairman of panchayat samiti (respondent no.3) is in violation of the act of 1961 and the rules of 1962 and 1965, hence, it is bad in law and, therefore, the impugned communication dated 23/12/2010 issued by the respondent no.2 .....
Tag this Judgment!Court : Mumbai Nagpur
..... up to, and inclusive of, the 31st day of march, 1986] (2) during the said period, all the powers and duties of the committee and its various authorities under this act and the rules and bye-laws made thereunder or any other law for the time being in force shall be exercised and performed by [the administrator or the board of administrators] ..... other special reason, in the opinion of the state government, it is not in the public interest to hold elections to any market committee, the state government may, notwithstanding anything contained in this act or in any rules, or bye-law made thereunder, or any other law for the time being in force, for the reasons to be recorded in writing, by general or special order, postpone ..... district deputy registrar by which order the representation of the petitioners for appointment of the administrator under section 15a of the maharashtra agricultural produce marketing (development and regulation) act, 1963 (for brevity referred to as 'said act') came to be disposed of by holding that the implicit in the fact of postponement of the elections of the agricultural produce marketing committee (apmc), ghatanji is the extension ..... anything contained in clause (b) of sub-section (1) as it stood before the commencement of the maharashtra agricultural produce marketing regulation) (amendment and validation) act, 1985, where the administrator has been to manage the affairs of any committee but election to such committee has not been held within a period of .....
Tag this Judgment!Court : Mumbai Nagpur
..... of india, takes exception to the order dated 28.01.2011 passed by the collector, nagpur by which the application filed by the petitioner herein invoking section 308 of the maharashtra municipal councils, nagar panchayat and industrial townships act, 1965 came to be disposed of by observing that the offset printing machine, which is supposed to be used by the respondent no.3 is within 5 hp's which is the permissible limit in terms of the n.o.c. ..... granted by the respondent no.2-municipal council the petitioner invokes section 308 of the maharashtra municipal councils, nagar panchayat and industrial townships act, 1965 against the grant of the said n.o.c. .....
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