Court : Mumbai
Reported in : AIR1984Bom144
..... , a stature should not be construed as to create new disabilities or obligations or impose new duties in respect of transactions which were complete at the time the amending act came into force, the amended s. 22 cannot be construed as having retrospective effdcrs. also as held by the supreme court in the case of moti ram v. suraj bhan : [1960]2scr896 ..... of the application. a plain reading of the aforesaid provision is sufficient to show that the same is necessarily to be construed as prospective, for its retrospective operation is patently impracticable. it indeed requires the tenant to pay or tender to the landlord or deposit with he controller the arrears of rent up to the date of the payment together ..... 165/b/75, 28/b/77, 136/b/78 , 19/b/79, 19/b/77, 19/b/82 and 2/b/77 submit that the petitionerintend to prefer letters patent appeal and as such ,pray that the execution of the eviction orders be stayed for four weeks. the execution of the above order is accordingly stayed, but for a period .....
Tag this Judgment!Court : Mumbai
Reported in : (1981)83BOMLR406; 1982MhLJ698
..... rules.2. in the chamber summons messrs. indian organic chemicals ltd, (hereinafter referred to as the 'plaintiff') has sought a declaration that the bombay court fees (second amendment) act, 1974 be declared as ultra vires the powers of the state legislature and, therefore, null, void and of no effect whatsoever. in addition to the three defendants to ..... perhaps thought that this jaw laid down by the supreme court was not binding in maharashtra. similarly we find a number of other submissions in the said affidavit patently and obviously contrary to the law laid down by the supreme court in the zenith lamps' decision (supra) which law the constitution of india declares as binding ..... the state has failed to discharges the onus which it had, to justify the increase. the other ground mentioned in the statement of objects and reasons is patently fallacious and has only to be stated to be rejected. it is based on an erroneous view of the alleged services rendered to litigants having higher claims.43 .....
Tag this Judgment!Court : Mumbai
..... the single judge. he contended that if the appeal is entertained from the orders passed by the learned single judge in such petitions, then the object of amending rules for hearing of such petitions by the single judge for expeditious disposal will be lost. learned counsel for appellants on the other hand has drawn our ..... set aside the order of eviction passed on the ground of subletting. 12. on the other hand learned counsel on behalf of the corporation contended: the letters patent appeal is not maintainable. on merits, inspite of the repeated opportunities, the appellants did not produce any material on record before the authorities below to show that ..... bench. 15. in the judgment of the full bench there is no indication that letters patent appeal arising out of the orders passed by the single judge in proceedings under the public premises act will not be maintainable. if letters patent appeals are otherwise maintainable, judgment of the full bench does not take away that right in .....
Tag this Judgment!Court : Mumbai
..... the single judge. he contended that if the appeal is entertained from the orders passed by the learned single judge in such petitions, then the object of amending rules for hearing of such petitions by the single judge for expeditious disposal will be lost. learned counsel for appellants on the other hand has drawn our ..... set aside the order of eviction passed on the ground of subletting. 12. on the other hand learned counsel on behalf of the corporation contended: the letters patent appeal is not maintainable. on merits, inspite of the repeated opportunities, the appellants did not produce any material on record before the authorities below to show that ..... bench. 15. in the judgment of the full bench there is no indication that letters patent appeal arising out of the orders passed by the single judge in proceedings under the public premises act will not be maintainable. if letters patent appeals are otherwise maintainable, judgment of the full bench does not take away that right in .....
Tag this Judgment!Court : Mumbai
Reported in : (1931)33BOMLR1006
..... of the award a judgment, within the definitions of ' decree' and 'judgment' respectively contained in the code of civil procedure, 1908. the amending act also substituted for s. 54 of the land acquisition act a new section, which gave in terms a right of appeal to his majesty in council from any decree passed by the high court on ..... no appeal lay. if effect were given to this argument it would seem to follow that the amendment of section 54 was wholly superfluous, and the somewhat strange result would be arrived at that though the provision of the amending act by which the right of appeal to his majesty in council is expressly given was excluded in the ..... into the local act, with the effect that every award of the tribunal must now bo deemed to be a decree within the meaning of the civil procedure code, and, therefore, as their lordships understand, ex vi termini appealable to his majesty in council under the letters patent of the high court. it is said that this amendment of itself is .....
Tag this Judgment!Court : Mumbai
Reported in : (1962)64BOMLR229
..... is that if it were not bona fide it would be fraudulent. it appears, however, that in view of the circumstances of the present case it was obviously a patent mistake and the courts were in error in saying that it was not a mistake. if one looks to the injunction which. was issued by the civil court in the ..... factory premises under the old rule and the rest under the revised rule was illegal. both these issues wore answered by the learned sessions judge in the negative. it is patent that both the courts proceeded to judge the legality of the tax and not the quantum which was only within their jurisdiction. therefore, to the extent to which they ..... it is, however, contended by mr. karnik that by the terms of section 82 of the bombay municipal boroughs act the magistrate and the revisional court have jurisdiction to determine as to whether or not any occasion had arisen for the amendment of the assessment list. sub-section (1) of section 82 says:the standing committee may at any time alter the .....
Tag this Judgment!Court : Mumbai
Reported in : [1982(44)FLR286]
..... that so far as the banking companies are concerned, the majority of the employees are employed for doing clerical work. it is not disputed that even after amending act 53, the act continues to apply to the banking companies. similarly the standing orders were framed, in the year 1952 for the clerks working in the textile mills which are ..... relating to change in respect of which a notice is given or an application made under s. 42 whether before or after his dismissal or discharge''.after the amendment by amending act lxiii of 1953 the definition reads as under;'employee means any person employed to do any skilled or unskilled work for hire or reward in any industry, and ..... now as it was when lord coke reported heydon's case'. the rule was re-affirmed by earl of halsbury in east-man photographic material company v. comptroller general of patents, designs and trade marks, [1898] ac 571, in the following words : 'my lords, it appears to me that to construe the statute in question, it is .....
Tag this Judgment!Court : Mumbai
Reported in : 1986(3)BomCR527
..... applying these principles to the case at hand which was a case under sub-section (1) of section 13 of the west bengal premises tenancy act, 1956, the supreme court held that the amendment of the said provision of law was retrospective in effect. but in our case, applying the very same test, this court had arrived at ..... now to the second contention of the learned counsel, it will be pertinent to note that the question of the prospective or retrospective operation of the amendment to section 22(2)(a) of the act fell directly for consideration of this court in eknath v. administrative tribunal, : air1984bom144 . this court, after having discussed several authorities of the supreme ..... the view that the said amendment to sub-section (2)(a) of section 22 of the act was merely prospective in nature and not retrospective. the said decision of the single judge of this court was appealed from the division bench has, in letters patent appeals nos. 6 to 11 and 15 of 1983, affirmed the view taken in .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1930Bom401; (1930)32BOMLR933
..... with by the trial court on the further hearing and final disposal of the suit.19. we accordingly amend the decree of the district court by striking out the last sentence and inserting therefor 'the costs of this letters patent appeal, the costs in the lower appellate court and the costs of the trial of this preliminary ..... suit the property purported to be mortgaged having never come into the possession of the original mortgagee or the defendants. section 60 of the transfer of property act provides that where the mortgagee has not been put into possession the mortgagor would be entitled on payment of the mortgage money to require the mortgagee to deliver ..... second suit for redemption would be barred where the plaintiff had already previously obtained a redemption decree at a date when the provisions of the transfer of property act 1882 were not operative and the execution of that decree had become time-barred. here again both suits were for redemption and the decision can be distinguished .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(6)BomCR275; 2004(3)MhLj1090
..... printpack machinery ltd. v. jay kay paper congeters air 1979 delhi 219 the full bench of the delhi high court held that order 37 as amended by the code of civil procedure (amendment) act, 1976 will not apply and the original side rules continue to prevail.'9a. the other high court rule 547, 'sale of immovable property' ..... inc. to support his submission that as sale conditions are governed by the high court rules, such provisions will prevail. it is declared, considering the newly amended provisions of the civil procedure code, that in case of conflict of any provisions, the high court rules published under the provisions of section 122 of the civil procedure code should ..... procedure.-- notwithstanding anything in this code, any high court, not being the court of a judicial commissioner, may make such rules not inconsistent with the letters patent or order or other law establishing it, to regulate its own procedure in the exercise of its original civil jurisdiction as it shall think fit, and .....
Tag this Judgment!