Court : Mumbai
Reported in : 2005(2)ALLMR600; 2005(4)BomCR199; 2005(3)MhLj241
..... is a cardinal principle of construction that every statute is prima facie prospective unless it is expressly or by necessary implication made to have retrospective operation. section 8 of the amending act clearly shows that the words 'or partitioned' in section 57(1) and the words 'or partition' in section 57(2) were deleted and shall be deemed always to have ..... 'or partition' in sub-section (2) of section 57 were deleted. shri deshpande submitted that the amending act clearly shows that words 'or partitioned' in section 57(1) and 'or partition' in section 57(2) shall be deemed to have never been there. the said ..... land in contravention of sub-section (1) shall be invalid'.9. shri deshpande submitted that section 57 of the b.t.l. act was amended by maharashtra act no. v of 1982 and by virtue of section 8(1)(a) of the amending act, the words 'or partitioned' in sub-section (1) of section 57 and by virtue of section 8(1)(b) the words .....
Tag this Judgment!Court : Mumbai
Reported in : 2006CriLJ2216
..... remanding the matter but has directed the magistrate to issue the process.18. in that view of the matter, the order passed by the learned revisional court was patently in violation of the mandate of sub section (2) of section 401 of the code of criminal procedure. it is to be noted that in section 439(2 ..... , aurangabad, challenged the non-issuance of process under sections 395 and 307 of the indian penal code.5. the learned revisional court, vide order dated 17th december, 2005, directed issuance of process under section 395 of the indian penal code in stead of section 379 in addition to the other process already issued. the learned magistrate, ..... or by pleader in his own defence. 'person' has not been defined under the code of criminal procedure. sub-section (42) of section 3 of the general clauses act, 1897 defines 'person' as under.(42) 'person' shall include any company or association or body of individuals, whether incorporated or notsection 11 of the indian penal code defines .....
Tag this Judgment!Court : Mumbai
Reported in : (1987)89BOMLR356; 1987MhLJ503
..... debt or damage or value of the property sued for does not exceed one hundred rupees.' clause 12 of the letters patent has been amended by the bombay high court letters patent (amendment) act, xli of 1948, and the amended provision reads thus:-'clause 12: and we do further ordain that the said high court of judicature at bombay, in the ..... will be necessary to refer to certain provisions contained in civil procedure code, 1908, clause 12 of the letters patent as amended by the bombay high court letters patent (amendment) act, xli of 1948, bombay city civil court act and the trade and merchandise marks act, 1958. to put it briefly the question that has been posed under this issue is, in view ..... m/s zenith iron works and anr., suit no. 91 of 1960 decided on july 31, 1962. that suit was filed under section 53 of the patents and designs act (no. 2 of 1911) complaining about infringement of the copyright and for an account of the profits derived by the defendant in the course of alleged infringement .....
Tag this Judgment!Court : Mumbai
Reported in : 1990(3)BomCR556
..... purpose of determining the market value of land in respect of which proceedings for acquisition commenced before the commencement of the maharashtra regional and town planning (second amendment) act, 1972 :provided further that, for the purpose of clause (ii) of this sub-section, the market value in respect of land included in any undeveloped ..... area notified under-section (1) of section 40 prior to the commencement of the maharashtra regional and town planning (second amendment) act, 1972, shall be the market value prevailing on the date of such commencement.(4) if a declaration is not made within the period referred to in ..... ) or having been made, the aforesaid period expired on the commencement of the maharashtra regional and town planning (amendment) act, 1970, the state government may make a fresh declaration for acquiring the land under the land acquisition act, 1894, in the manner provided by sub-sections (2) and (3) of this section, subject to the .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(4)ALLMR270; 2004(2)BomCR295; 2003(3)MhLj513
..... vidharbha region which has no affinity with gond tribe that community would also fall within the scope of scheduled tribes order by virtue of the amendment act, 1976 and the state government was not entitled to issue orders or circulars or resolutions contrary thereto. since under entry 18 manas are specifically ..... set out in the order promulgated by the president of india read : 'gond [including madia, ('maria' and mudia (muria)]'. by the scheduled castes and scheduled tribes (amendment) act, 63 of 1956, entry 12 was substituted by :'12. gond, includingarakh or arrakh, agaria, asur, badi, maria or bade maria, bhatola, bhimma, bhuta, koliabhuta or ..... has declared mana community as special backward class. the petitioner contends that when manas are included in entry 18 of scheduled castes and scheduled tribes orders (amendment) act, 1976 all the persons belonging to mana community are liable to be treated as belonging to scheduled tribe.6. the president issued the constitution (scheduled .....
Tag this Judgment!Court : Mumbai
Reported in : (1993)IILLJ203Bom
..... have been inflicted under the law in force at the time of the commission of the offence. it is quite clear that in so far as the central amendment act creates new offences or enhances punishment for a particular type of offence, no person can be convicted by such ex-post facto law nor can be enhanced ..... punishment prescribed by the amendment be applicable. but in so far as the central amendment act reduced the punishment for an offence punishable under section 16(1)(a) of the act, there is no reason why the accused should not have the benefit of such reduced punishment. ..... with a case where, for an offence which was punishable under the prevention of food adulteration act, 1954, a reduced punishment was subsequently provided. the supreme court said : 'we are not concerned with new offences created by the central amendment act or with offences for which an enhanced punishment is provided for and therefore there is no question .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(4)ALLMR510; 2001(1)BomCR261; [2001]247ITR609(Bom)
..... condition precedent, the legislature has so provided expressly. (see in this connection provisions of sections 23 and 24 of the monopolies and restrictive trade practices act prior to the deletion of these sections from the act by amendment of 1991). while interpreting a statute, the court has to consider the legislative habit. the legislative habit indicates that where the legislature intended a sanction ..... the construction put upon the concerned plot by the sixth and the ninth respondents is illegal for the said reason.(1) application of chapter xx-c of the income-tax act, 1961 : the petitioners have by an amendment to the writ petition made on november 16, 1992, prayed that the fifth respondent (appropriate authority under chapter xx-c of the income-tax .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(4)BomCR376; [2001(91)FLR37]; (2001)IILLJ1349Bom; 2002(1)MhLj626
..... unfair labour practice. we do not see any elaborate machinery of the nature found in chapters vi and vii of the 1971 act introduced in the industrial disputes act, 1947, even after its amendment by act 46 of 1982 with effect from 21st august, 1984. the expression 'unfair labour practice' has now been defined in section 2 ..... complainant workmen whose services had been terminated after the order dated 18th december, 1997 made in letters patent appeal nos. 210 of 1997, 211 of 1997 and 212 of 1997, sought formal amendments of prayer clauses. these amendment applications were rejected by the industrial court by the order made on the same day. thereafter the ..... reason why we are inclined to agree with the contention of mr. singh that the industrial court had jurisdiction to entertain the complaints of the workmen concerned in letters patent appeal no. 20 of 2000. the 'doctrine of restitution' demanded it. in kavita trehan v. balsara hygiene products ltd., : air1995sc441 , the supreme court held .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2007Bom162; 2007(5)ALLMR180; 2007(4)BomCR861
..... [1955]1scr174 , it is held:because of the welter of confusion caused by a multitude of conflicting decisions the legislature stepped in and amended section 58(c) of the transfer of property act. unfortunately that brought in its train a further conflict of authority. but this much is now clear. if the sale and agreement to ..... cut classification and excluded transactions embodied in more than one document from the category of mortgages, therefore it is reasonable to suppose that persons who, after the amendment, choose not to use two documents, do not intend the transaction to be a sale, unless they displace that presumption by clear and express words : and ..... consideration.8. mr. dhorde r.n., learned counsel appearing for the appellants would submit that the trial court as well as the first appellate court committed patent error while construing the document as a mortgage by conditional sale. he would submit that there is no material to infer relationship of debtor and creditor between .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(1)ALLMR669; 2005(5)BomCR404
..... in november, 1982 when he got the notice of court, his construction was almost complete. his written statement also contains similar story. on 5-2-1985 he has amended his written statement to point out that he has taken loan of rs. 75,000/- from his employer i.e. canara bank and the house property is mutated ..... relied upon the judgment of bombay high court in f.h. & b. corporation v. unichem laboratories, reported in : air1969bom255 to point out that question of infringement of patent is mixed question of law and fact. he contended that the question whether the petitioner is duly admitted as a member is a question of fact and in view of ..... amendments were not challenged and therefore, those orders have become final. he points out that right from the year 1973, the petitioner has been treated as member and as such there is estoppel which operates against the respondents in the matter. he further contends that in view of the provisions of section 38 of the maharashtra co-operative societies act .....
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