Court : Mumbai
Reported in : 2007(2)BomCR190
..... properties -no other inference was possible except that it was done so with the money provided by her husband, hence forfeiture justified. under the scheme of the act, there is no requirement on the part of the competent authority to mention or establish any nexus or link between the money of the convict or detenu and ..... the inordinate and unexplained delay for issuing show cause notice by itself vitiates the entire proceedings.8. another contention is relating to the provision of safem (fop) act being not applicable to cases where the detention order has not been upheld by the court of law and that the respondent competent authority had not taken into ..... the petitioner and his mother smt.gomtan r.gidwani preferred an appeal before the appellate tribunal for forfeited property, new delhi under section 12 of the safem (fop) act, 1976. the appellate tribunal vide his order dt.14.6.06 dismissed both the appeals preferred by the petitioner and his mother. 7. these orders are challenged on .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(5)ALLMR95; 2008(5)BomCR78; (2008)110BOMLR2241; 2008(6)MhLj571
..... case no. 1978/ich/r-2483, dated 30.3.1993, whereby the additional commissioner exercised powers under section 43 of the maharashtra agricultural lands (ceiling on holdings) act, 1961 of suo motu revision and set aside the order of the surplus land determination tribunal, gangapur passed in ceiling case no. 75/clng/23 and remitted the ..... that, no order shall be passed under this section so as to affect any land which is already declared surplus and distributed according to the provisions of this act; provided also that, the revisional jurisdiction under this section shall be exercised only where it is alleged that the land declared surplus is less than the actual land ..... the order of the additional commissioner and stated that in the case before this court memorandum regarding entertaining suo motu revision under section 45(2) of the ceiling act was issued on 30.11.1978 and, therefore, the decision to entertain revision was taken within 3 years from 8.11.1976 and, therefore, the revision was .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(4)ALLMR423; 2003(1)BomCR278; 2003(1)MhLj604
..... the date of order can always termed as reasonable.15. we would also like to note here the provisions of maharashtra agricultural lands (ceiling on holdings) act, 1961. there also declaration of surplus land by the competent authority is appealable before a tribunal. that enactment also provides for revisional powers in the state ..... . whenever a declaration of surplus land and it is vesting and is causingany injury to any person, appeal can be made under section 33 of the act. if anyperson is aggrieved by the compensation determining under section 11 of theact, the appeal is provided under section 12 with, further appeal under section 13 ..... giving rise to the present petition necessary for adjudication are that one dnyanoba baban mokate was owner of certain lands. after theurban land (ceiling and regulation) act 1976 came into operation in the state of maharashtra, proceedings were commenced for determining surplus urban land held by the holder baban mokate. the proceedings ultimately .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(1)ALLMR318; 2008(1)BomCR1; (2007)109BOMLR2493; 2007(6)MhLj851
..... proposals for designation of sites for service industries, industrial estates and any other development on an extensive scale;(h) preservation, conservation and development of area of natural scenery and landscape;(i) preservation of features, structures or places of historical, natural, architectural and scientific interest and educational value and of heritage ..... remedy within the statute compels us to observe that the state may consider objectively legislative amendment to maharashtra slum area (improvement, clearance and redevelopment) act, 1971, mhada, mrtpa, not only to provide for appropriate forum for remedying the grievances of the persons but also to some extent collective ..... . in such cases, the court would not insist upon exhaustion of remedies stipulated above. similarly, if a high powered committee/authority refuses to act on the representations/applications despite proof of the same having been received, then, in appropriate cases, directions can be issued to the said authority .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(5)ALLMR743
..... be basic in nature and after an objective consideration of different options available taking into account the interest of the state and the public, then the court cannot act as an appellate authority by substituting its opinion in respect of selection made for entering into the contract. if the court is of the opinion that public interest ..... interest of the state or such other circumstances in the opinion of the authorities which are bona fide and ex facie unquestionable. (refer mulla indian contract and specific relief acts, twelfth edition & anson's law of contract, 28th edition by j. beatson).6.4. the scope of judicial review in public contracts or such actions of ..... tenants or by co-operative housing societies of landlords and/or occupiers of a cessed buildings of 'a' category in island city, which attracts the provisions of mhada act, 1976 and for reconstruction / redevelopment of the buildings of corporation constructed prior to 1940, the fsi shall be 2.5 on the gross plot area or the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2001Bom470; 2001(3)ALLMR668; 2001(4)BomCR417; 2001(4)MhLj483
..... jain and others,. the supreme court in this judgment mansukhlal jain (supra) was concerned with the interpretation of section 41 of the presidency small cause courts act. 1882 in the context of the contention that the suit for injunction between a licensor and licensee was not contemplated under the said section. the supreme court ..... and the application of noscitur a socits, suggest to us that the proceedings between the licensor and licensee contemplated under section 41 of the presidency small causecourts act, 1882 were those in the case of a non-gratuitous license i.e. a license for material consideration. it is only such cases of licenses ..... upto its pecuniary jurisdiction, and thereafter the original side of the high court.49. having reached the conclusion that section 41 of the presidency small cause courts act, 1882 excludes the jurisdiction of the civil court in respect of matters made cognizable by the small causes court, the principle of stricto construction must, therefore, .....
Tag this Judgment!Court : Mumbai
Reported in : (1976)IILLJ365Bom; 1973MhLJ39
..... and discipline of the police force, and for its efficient organisation as a means of preventing and checking crime and preserving law and order. this paragraph in terms relies on the provisions of s. 6 of the bombay police act, 1951. 14. chapter ii starting with s. 1 deals with recruitment. after pointing out the classification of various ..... of police so far as a constable serving in the district of kolhapur is concerned. this compilation of police manual is under the provisions of the bombay police act and as such they have a statutory force and they bind the members of the police force. it was not, therefore, open to undertake a departmental proceedings ..... percentage of 0.5 which required to raise a presumption for having drunk prohibited liquor so as to constitute an offence under s. 66(1)(b) of the bombay prohibition act, 1949, he made a report to the judicial magistrate claiming 'c' summary. that was granted. 3. however, the superintendent of police district kolhapur, felt that a .....
Tag this Judgment!Court : Mumbai
Reported in : 2009ACJ585; 2008(6)MhLj941
..... mere matter of procedure but is a substantive right.(iii) the institution of the suit carries with it the implication that all rights of appeal then in force are preserved to the parties thereto till the rest of the career of the suit.(iv) the right of appeal is a vested right and such a right to enter the ..... may bring to the notice of the court any matter which invites the attention of the court for taking any action under the provisions of the contempt of courts act. once such act is done, the matter squarely falls in the exclusive domain of the court of competent jurisdiction, as the purpose of contempt jurisdiction is primarily to ensure enforcement ..... the learned single judge dated 13th february 1992, held that the letters patent appeal would be maintainable as it was filed prior to coming into force of the amending act of 2002 act. the supreme court also noticed the judgments in the case of kamal kumar dutta (supra) and subal paul (supra). the main contention in these cases was with .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(4)ALLMR678; 2007(5)BomCR77; 2007(5)MhLj297
..... grave injustice or gross failure of justice has occasioned thereby.while exercising jurisdiction to issue a writ of certiorari, the high court may annul or set aside the act, order or proceedings of the subordinate courts but cannot substitute its own decision in place thereof. in exercise of supervisory jurisdiction the high court may not only ..... claim relief against fraud. a fraudulent misrepresentation is called deceit and consists in leading a man into damage by wilfully or recklessly causing him to believe and act on falsehood. it is a fraud in law if a party makes representations, which he knows to be false, and injury ensues therefrom although the motive ..... giving mandate are false and mischievous and have been deliberately made to create an atmosphere of sympathy.the learned advocate general did not suggest that the court could act upon this secondhand denial by the chief minister, as the statement by shri s.a. iyengar is merely heresay. we are, therefore, constrained to hold that .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(5)BomCR737
..... same day. on 13th november 1984, he was suspended from service. on 22nd november 1984, the petitioner was detained under the conservation of foreign exchange and prevention of smuggling activities act (cofeposa), but was later on released by the advisory board on 17th april 1985. 8. before starting the full-fledged departmental enquiry, a preliminary investigation was done by the officers ..... be removing the tree. he made a signal by hand to someone to come up from the seashore side and one person emerged who was later on identified as one shri sabnis, a ..... round patrol at about 9.00 p.m. when they walked down the lower drive towards the lower gate, they noticed one big branch of a tree fallen on the road. when they approached the tree, they saw one person standing nearby who was later on identified as one shri keshav bhosale of p.w.d. and he stated that he would .....
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