Court : Mumbai
Reported in : [1985]57CompCas241(Bom)
..... (2), the reserve bank may, having regard to - (i) the fact that any person or company (including its branch), referred to in sub-section (1), is carrying on any activity referred to in clause (a) of that sub-section at the commencement of this act or has established a branch, office or the place of business for the carrying on of such activity at such commencement, in either case, in pursuance of any permission or licence granted by the central government; and (ii) in the nature of the activity ..... 1 of the cpc lays down that all such persons may join in one suit as plaintiffs where any right to relief in respect of, or arising out of, the same act or transaction or series of acts or transactions is alleged to exist in such persons, whether jointly, severally or in the alternative, if such person brought separate suit, any common question law fact would ..... although the 1882 act had been repealed and repealed and replaced by later acts, there was nothing in those subsequent acts which could reasonably be interpreted as taking away that elementary ..... - in terms of section 29(1)(b) of the foreign exchange regulation act, 1973, no person resident outside india whether an individual, firm or company (not being a banking company) incorporated outside india can acquire shares of any company carrying on trading, commercial or industrial activity in india without prior permission of ..... crores in 1983; that the profits before tax rose from rs. ..... crores and after payment of tax from rs. 3.15 to rs. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1973Bom323; (1973)75BOMLR290
..... it seems to me that though the question raised before me in this appeal was not raised in that decision under the bombay merged territories miscellaneous alienations abolition act, 1955, still the observations made by the learned judge definitely show that even after the abolition of the hazur sanadi inams, the learned judge was of the opinion that the lands belonging to the joint family continued to be the joint family lands and were liable to be ..... jahagirdar has argued that the provisions of the bombay merged territories miscellaneous alienations abolition act, 1955, being similar to the provisions of the act under our consideration, the observations made by the learned judge in the aforesaid case apply to the present case ..... in the instant case, before the watan was abolished, as i have already pointed out, there was a severance of status, with the result that on the date of the abolition of the watan, the land which was a joint family land before, was held by the brothers as tenants-in-common, and dagdu who was in actual possession was, therefore, holding it for and on behalf of himself ..... in view of the statutory provisions contained in sub-section (3) of section 5 of the act, the court itself would pass a decree subject to these provisions, in which case the court would be granting the relief of partition of such land by metes and bounds only subject to the previous sanction of the ..... court, therefore, is not helpless in the matter of granting relief to the plaintiff. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1974Bom300; (1974)76BOMLR347
..... the watan to which it appertained on payment of the occupancy price equal to twelve times of the amount of the full assessment of such land within five years from the date of the coming into force of this act and the holder shall be deemed to be an occupant within the meaning of the code in respect of such land and shall primarily be liable to pay land revenue to the state government in accordance with the provisions ..... to a division bench by a single judge of this court as it involves interpretation of some of the provisions of the bombay paragana and kulkarni watans (abolition) act, 1950 (bombay act, no. ..... it is also argued that since the claim is due and bona fide and since the relief of injunction is a discretionary relief, the court should not exercise the discretion in favour of the plaintiff as he may have alternative and adequate remedies to redress his grievance, it ..... resumption of land this liability under the code is made to a rise by the latter part of sub-section (3) of section 3 of the act, this is a case where the liability has been expressly indicated and the courts are not required to strain the language of the statute for imposing the tax or liability upon the citizen.19. ..... and obviously in the absence of clear provisions the court would always lean in favour of a citizen and not make him liable to pay any tax unless clearly imposed. ..... of his arguments to some of the observations in maxwell on the interpretation of statute regarding strict construction of taxing statutes. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2005(1)MPLJ122; [2005]63SCL411(MP)
..... enacting provisions as also to decide whether they are clear or ambiguous; the preamble in itself is not an enacting provision and is not of the same weight as an aid to construction of a section of the act as are other relevant enacting words to be found elsewhere in the act; the utility of preamble disminishes on a conclusion as to clarity of enacting provisions.in order to appreciate effect of penalty clause section 50 of the fera it would be appropriate to refer what has been further stated ..... clairs being not citizen of india, therefore, by operation of section 31 of the foreign exchange regulation act, 1973 (hereinafter referred to as 'fera'), she could not hold any immovable property except with the previous permission ..... of the legislature in imposing the penalty is merely the protection of the revenue, the statute will not be construed as prohibiting the act in respect of which the penalty is imposed; but where the penalty is imposed with the object of protecting the public though it may also be for protection of the revenue, the act must be taken to be prohibited, and no action can be maintained by the offending party on a contract which is made in ..... that in the present case the provisions of fera would be attracted and repeal of it would not affect the decision of this case.13. ..... the said provisions do not bar grant of relief of specific performance to the plaintiff and the question of permission of the reserve bank of india will arise, if at all, at the stage ..... relief .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1978Bom119; (1977)79BOMLR499
..... section 3 of the bombay merged territories and areas (jagirs abolition) act, 1953 (bombay act 39 of 1954) and thereafter the let petitioner continued to ..... with by an enactment should as far as possible be allocated to one or the other of the entries in the lists and the residuary entry 97 in list i should be resorted to as the last refuge; and (f) if entries either from different lists or from the same list overlap or appear to conflict with each other, every effort is to be made to reconcile and bring out harmony between them by ..... decisions of the supreme court where, the question of validity of restrictions on freedom assured under article 301 came up for consideration, the enactments concerned were fiscal enactments imposing taxes or fiscal burdens, but it cannot be disputed that restrictions or hindrances which impede trade and commerce may take diverse forms and even to such restrictions or hindrances the same ..... the state government for carrying out the purposes of the act while section 24 repeals some of the sections including sections 34a and 35 of the indian forest act, 1927 as it is made applicable to the state ..... case the provisions of the haryana minerals (vesting of rights) act, 1973 the object and effect of which enactment was to acquire proprietary rights to mineral deposits in 'land', was challenged as trenching upon the occupied field under the central act 67 of 1957, the provisions of the haryana act did not mention leasehold or licence rights but merely sought to .....
Tag this Judgment!Court : Orissa
Reported in : 1993(I)OLR153
..... of landlord and tenant was beyond the purview of the collector's decision under section 7(1) and was to be decided by the civil court, the orissa tenancy relief act which had repealed the orissa tenancy protection act and had come in its place was amended by orissa act 29 of 1962 to add section 11-a thereto excluding the jurisdiction of the civil court and vesting exclusive jurisdiction in the collector to decide dispute even regarding existence ..... two sets of facts ; the first being the preliminary, or collateral, or jurisdictional facts, shortly put, the primary facts, which it must decide so as to enable itself to assume the authority to act as the tribunal ; and the second being, once it decides the primary facts in the affirmative, to decide the second set of facts relating to the special dispute for the decision of which it has been constituted ..... long back surrendered the same and that though the settlement under section 7 is challengeable by an occuparicy tenant before the civil court as an act without jurisdiction and in spite of the fact that the occupancy tenant might not have appeared before the estate abolition authorities despite notice, yet such a right cannot be exercised before the consolidation authorities in view of the bar under section 51(1) of the consolidation ..... special purposes of income-tax) and on a ..... of the proposition in the full bench decision, 50 (1980) clt 393 {supra) in para 12 where disagreeing with the division bench decision in 39 (1973) clt 975 (v. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1998)120PLR1
..... consider it appropriate to refer to the order dated 18.2.1996 passed by a division bench of this court, which reads as under:-'the petition involves important question of law with respect to interpretation of section 21 of the haryana municipal act, 1973, in view of the fact that for the purpose of removal of a elected office bearer, a majority of 2/3rd strength of members including non-voting member has to be counted, while electing the office bearers, the majority is to be ..... similar distinction has been spelt out in the language of article 109 of the constitution of india where the legislative assembly of the state could pass a resolution for abolition and creation of a state council by majority of total members of the assembly and by a majority of not less than 2/3rd members of the assembly present ..... this part, any provision of any law relating to municipalities in force in a state immediately before the commencement of the constitution (seventy-fourth amendment) act, 1992, which is inconsistent with the provisions of this part, shall continue to be in force until amended or repealed by a competent legislature or other competent authority or until the expiration of the year from such commencement, whichever is earlier. ..... that the petitioners arc entitled to all consequential reliefs.59. ..... has achieved object intended by the legislature and secondly it ought not to hamper or deprive of its true achievement of such object (refer commissioner of income tax, bangalore v. j.h. .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(2)ALLMR787; I(2005)BC384
..... done by virtue of the shipping development fund committee (abolition) act, 1986. ..... all these suits were originally filed by the government of india's shipping development fund committee, a body constituted under the unamended merchant shipping act, against the shipping company 'damodar bulk carriers limited and each one of the above suits is directed against the vessels damodar krishna, damodar tanabe, damodar kaveri, damodar tasaka and ..... 1 and 2 at the relevant time the shipping development fund committee constituted under the merchant shipping act enjoyed a monopolistic character and acquisition of the ships by the indian shipping companies was required to be made only through shipping development ..... basically filed on the basis of mortgage of the vessels which was created by the deeds of mortgage of the year 1976 and therefore as admittedly those deeds of mortgage are registered under the merchant shipping act this court will have the jurisdiction to entertain the suits in its admiralty jurisdiction. ..... give a fresh and an independent cause of action and these suits have been instituted on the basis of these supplementary agreements which are admittedly not registered under the provisions of the merchant shipping act and, therefore, this court will not have the jurisdiction to entertain the suit. ..... the plaintiffs are entitled to obtain any relief against the defendant nos. ..... the sum of us $ 842,320.22 with interest in the sum of us $ 16,327.41 and cost which taxed at pound 26,852.78? ..... 1973 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(5)ALD184; 2006(4)ALT374
..... section 3 of the estates abolition act relates to the consequences of notification of the estate and reads as under:consequences of notification of estate.with effect on and from the notified date and save as otherwise expressly provided in this act-(a) the madras permanent settlement regulation, 1802, the estates land act, and all other enactments applicable to the estate as such except the madras estates land (reduction of rent) act, 1947, shall be deemed to have been repealed in their application to the ..... as to any rights of which he is in possession by an entry made in any record of rights he may institute a suit against any person denying or interested to deny his title to such right for declaration of his right under chapter vi of the specific relief act, 1963 (central act 47 of 1963) and the entry in the record of rights shall be amended in accordance with any such declaration.board standing ..... land reforms (ceiling on agriculture holding) act, 1973, and that he had therefore sworn to this counter-affidavit on 29-08-2004 and had filed the same before this court in this writ petition.21 ..... land reforms (ceiling on agricultural holdings) act, 1973. ..... land reforms (ceiling on agricultural holdings) act, 1973. ..... land reforms (ceiling and holdings) act, 1973, that the government is in possession of the lands and even otherwise, it has perfected its title by adverse possession, being in possession continuously and openly as an owner atleast from 1959 and that the petitioner had not .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(2)ALD28; 2007(3)ALT265
..... 8), failed to prove her possession over the schedule land and that she is not entitled for relief under section 4 of the inams abolition act; (ii) the petitioners interpolated their names in the revenue records as possessors by manipulating the records, that when enquiry was conducted into the claim petition filed by the protected tenants, the objection petition filed by the ..... , 1.11.1973 ((a) as per section 2(b) of inams abolition act, the expression 'date of vesting' when used- (i) in sub-section (1), sub-section (2) with reference to clauses (a), (b), (c), (e) and (f) and sub-section (3) of section 3 and in section 34, means the date of publication of this act in the official gazette; (ii) elsewhere in this act means the date appointed by the government under clause (b) of sub-section (3) of section 1; (b) for the purpose of enforcement of the act, date of vesting is 20-7-1955 and for the purpose of considering the claim for registration ..... all categories of persons referred to in sections 3 to 8 must produce evidence that they were in possession of the inam land as on 1-11-1973 so as to claim orc), hence, her claim has to be rejected; (iii) the ninth respondent did not produce any positive evidence to show that possession was delivered to it under the alleged agreement of sale, dated 25.8.1982 and ..... the act was repealed by a.p. ..... : [1975]1scr429 , the supreme court held that the original act of 1955 could not said to have been repealed. .....
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