Court : Mumbai
Reported in : 2009ACJ585; 2008(6)MhLj941
..... the main contention in these cases was with regard to retrospective or prospective operation of section 100-a and also that for appeals filed prior to amendment act, it had not taken away the right of appeal provided the ingredients of clause 15 of the letters patent were satisfied. ..... questions which require consideration of the court, it will be desirable to formulate the questions which are likely to arise repeatedly before the court and even otherwise are questions of law of some significance as under:(a) whether, upon amendment to section 100a of the code of civil procedure, 1908 (with effect from 1st july, 2002), the letters patent appeal against the judgment rendered by the learned single judge of high court would be maintainable ? ..... union of india : air2003sc189 , the supreme court while examining the constitutional validity of the amending act held that the provisions of section 100a were not unreasonable and did not place any unjustifiable restriction by removing the right to file intra-court appeal and held as under:15. ..... subbanna air 1974 kar 109 and in revanappa's case air 1983 kar 164 that such a tribunal is not a 'court' cannot continue to hold the field.31. ..... similar view has been expressed by the supreme court in shri radhey shyam v. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1984Bom144
..... was further contended by the respondents tat the proceedings were complete at the time the amending act came into force and science, as observed in the case of nani gopal mitra v ..... 2 (2) (a) , was amended by the goa, adman and diu buildings (lease, rent and eviction) control (amendment) act, 1976, the amendment having come into force the amending act and its publication in the official gazette dated 27th june, 1976, and therefore, during the either of the said proceedings either before of the controllers or ..... in the goa, adman and diu buildings (lease rent and eviction) control (amendment) act, 12976, either express of necessary of the petitioners warrant the contentions of the petitioners that the amendment is to be applied with retrospective effect. ..... to justify the bend for the amendment and has nothing to do with the prospectiveor prospectiveeffect of the amendment, such effect big to be gathered form the amending act itself. ..... 1(2) of the amending act which provided that the amendment shall come into ..... 1970crilj1396 (supra) it was observed that a statueshould not be construed as to create new disabilities or obligationsor impose new duties in respect of transactions which were complete at the time if the amending act came into force obviously, the amended cl. ..... air 1970 sc 11636, 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. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(4)ALLMR651; 2007(5)BomCR1; 2007(5)MhLj341
..... ramesh dwarkadas mehra's case the division bench has exhaustively discussed the concept of license under the easement act; the legislative history of pscc; section 42a as added by the 1963 amendment; the legislative history of rent act since 1925; 1976 and 1982 amendments to pscc act; and the provisions of section 41 prior to amendment of 1976 and the legislative intent of amending section 41 for introducing the word 'licensee' in place of permission in right perspective and has ..... already seen the background against which section 15-a of the bombay rent act, 1947 was introduced by the 1973 amendment act, by which a person who is in occupation on 1st february, 1973 of any premises or any part of which is not less than a room as a licensee, shall on that day deemed to have become, for the purpose of rent act, 1947, the tenant of the landlord in respect of the said ..... like to examine the necessity which gave rise to the 1976 amendment act and look at the mischief which the legislature intended to redress.54 ..... consequent waste of public time and money and unnecessary delay, hardship and expense to the suitors, and to have uniformity of procedure, it is considered expedient to make the required supplementary provisions in the presidency small cause courts act, so that all suits and proceedings between a landlord and tenant or a licensor and licensee for recovery of possession of premises or for recovery of rent or license fee, irrespective of the value of the subject-matter, should ..... 1983 .....
Tag this Judgment!Court : Mumbai
Reported in : 1989(1)BomCR256
..... on 18th july, 1983 the said act was amended by karnataka act 17 of 1983 whereby all areas within the limits of the cities under the karnataka municipal corporation act and an area of 3 kilometres therefrom were brought under the purview of the rent control act, that is to say parts iv and v of the rent act were applicable to the area ..... the learned counsel shri patankar submitted that the provisions contained in saving clause appearing in section 25 of the amending act clearly indicate that the provisions of section 12(3) were intended ..... 1988 shri patankar contends that the learned additional district judge, satara was not right in finding that the provisions of sections 12(3) substituted in the bombay rent act in place of old section 12(3) as per the amending act. ..... of 1988 is allowed with costs and the rule is made absolute.at this stage learned counsel for the defendant shri patankar applies for time for two months in orders to enable him to prefer an appeal to the supreme ..... decision in shri chandra prabhu jain temple v. ..... the learned counsel for the plaintiffs-landlords shri thakkar on the other hand contends that the decree of the trial court was entirely in his favour and though there was adverse finding against him on the question of decree for possession ..... the learned counsel shri patankar contends that the legal question regarding the prospective or retrospective operation of section 12(3) of the bombay rent act has not been correctly decided by the single judge of this court .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1977Bom99
..... our attention to the provisions quoted and submitted that the learned judges erred in their constitution of these provisions and that in fact no compensation was provided, but this question about the constitutional validity of the amending act does not really fall for consideration because learned counsel for the appellant did not contest the position that after the enactment of the ..... for the present purposes, therefore, it would suffice to observe that whatever is being questioned before us as a challenge to the constitution (fortieth amendment) act which amended the ninth schedule and put the amended statute dealing with rights in property, under the protection of art 31-b stands sufficiently negatived by the ratio in basic structure case itself, and further as explained by the learned judges in the election case : [1976]2scr347 ..... . as found above the same legal and constitutional effect is evidently achieved by the constitution (fortieth amendment) act placing the amendment acts in issue in the ninth-schedule though the acts themselves may not be on any ground satisfying the requirements of article 31-a of the constitution or even article 31-c of the ..... . jagannath's case (supra) we reject the plea regarding violation of article 14 of the constitution. ..... those that are enumerated in the majority judgments are massive enough to cover the requirements of shri shanti bhushan's challenge ..... ..... 1038, 1132, 1133, 1382, 1435, 1757, 1974, 2433, 2830 and 2702 of 1976 by shri l .....
Tag this Judgment!Court : Mumbai
Reported in : 1988(3)BomCR1; (1988)90BOMLR292
..... for the purpose of understanding the scope and the meaning of the amendments made by the amending act, reference will be made later to the other provisions of the amending act, but at this stage it should be noted that sub-section (3), as it stood, was repealed and the following was substituted by section 11 of the amending act :-'(3) no decree for eviction shall be passed by the court in any suit for recovery of possession on the ground of arrears of standard rent or permitted increases if, on the ..... it was secondly argued that section 25 of the amending act gave rise to the inference that the provisions of the amending act are retrospective and must apply to all the proceedings ..... already been filed prior to the commencement of the amending act, then naturally the provisions of the amending act would not come into pay. ..... namely sub-section (3) of section 12, as amended, and section 25 of the amending act, deal with altogether different stages and levels ..... has been suggested that during the pendency of the appeals from the decrees passed prior to the commencement of the amending act, the change in law effected by the amending act should be taken into consideration.22. ..... to refer to the judgement of a division bench of this court on a similar question under the goa, daman and diu buildings (lease, rent, and eviction) control act, 1968 (hereinafter referred to as 'he goa rent act' in shri eknath kira akhadkar v. ..... act so applicable was issued on 18th of july, 1983. ..... 6 of 1983 decided on 12th of .....
Tag this Judgment!Court : Mumbai
Reported in : 1995(2)BomCR398
..... in the said order, the division bench of this court observed that the statutory appeal against the order of the vice chancellor would lie to the pro-chancellor under the maharashtra agricultural universities act, 1983 as the pro-chancellor was the next higher authority and the impugned order was of the vice chancellor. ..... it is necessary to refer to the relevant provisions of the maharashtra agricultural universities (krishi vidyapeeths) act, 1983, maharashtra agricultural universities (krishi vidyapeeths) statutes, 1990 and also some of the provisions contained in the maharashtra civil services (discipline and appeal) rules, 1979.8. ..... that :'the chancellor may, by order in writing, annul any proceeding of any officer or authority of the university, which is not in conformity with this act, the statutes or the regulations, or which is prejudicial to the interest of the university'.the said sub-section further provides that,'before making any such order, chancellor shall call upon the officer or authority concerned to ..... the maharashtra agricultural universities (krishi vidhyapeeths) act, 1983 and maharashtra agricultural universities (krishi vidyapeeths) statutes, 1990 makes special provisions for hearing of the appeals as discussed above. ..... the court is given to understand that the said statutes is likely to be amended soon. ..... being aggrieved by the said stay order, shri arvind shirsekar and shri g.p. ..... shri rane, learned counsel for petitioner no. ..... on 6th january, 1992, shri v.t. .....
Tag this Judgment!Court : Mumbai
Reported in : 1996(3)BomCR420
..... article 243-n provided that provision of any law relating to panchayats in force in a state immediately before the commencement of the constitution (seventy-third amendment) act, 1992, which is inconsistent with the provisions, part ix shall continue to be in force until amended or repealed by a competent legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier and the proviso to this article made a very specific and distinct provision about the manner in ..... section 72 of the maharashtra zilla parishads and panchayat samitis act, 1961, even as amended by the amendment act of 1994, provides for passing no-confidence motion by the members entitled to sit and vote. ..... proviso clearly lays down that though the constitution of these panchayats may be inconsistent with the seventy-third constitutional amendment, still they will continue to be in office until their term is over or they are dissolved earlier by a resolution of the legislature of the state. ..... xv of 1995 amending the maharashtra zilla parishads and panchayat samitis act, 1961 which was promulgated by the governor of maharashtra on 30th october, 1995 amending sections 49, 72 and 87 of the maharashtra zilla parishads and panchayat samitis act, 1961, shri r.n. ..... collector, chandrapur and another, 1983 mh.l.j. .....
Tag this Judgment!Court : Mumbai
Reported in : 1996(3)BomCR658
..... rejected by the council; or(b) more than one month elapses from the date on which the bill is laid before the council without the bill being passed by it; or(c) the bill is passed by the council with amendments to which the legislative assembly does not agree,the bill shall be deemed to have been passed by the houses of the legislature of the state in the form in which it was passed by the legislative assembly for ..... by the council; or(b) more than three months elapse from the date on which the bill is laid before the council without the bill being passed by it; or(c) the bill is passed by the council with amendments to which the legislative assembly does not agree, the legislative assembly may, subject to the rules regulating its procedure, pass the bill again in the same or in any subsequent session with or without such ..... 1996, namely, the maharashtra agricultural produce market (regulation) (temporary amendment) act, 1996, which makes similar provisions to that of ordinance no ..... the court must invalidate the impugned amendment act as violating the guarantee of equal ..... could be deemed to have been passed only if it is rejected by the council for the second time or is passed by the council with the amendments to which the legislative assembly does not agree or the bill is not considered by the legislative council for the second time despite one month's opportunity ..... case about the pleadings of the malice which petitioner shri bordikar has pleaded in writ petition no. ..... , : [1983]1scr655 . .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(6)ALLMR401; 2006(6)BomCR673
..... (i) the first submission is that under the maharashtra private security guards (regulation of employment and welfare) (amendment) act, 1981 ('the said act' for short), as it stood prior to this amendment and as it was interpreted by the courts, the agencies or the contractors were not permitted to provide the security guards and that the employment of the security guards who ..... for the petitioners that prior to the passing of the impugned amended act, there was no scope for the security agencies to provide ..... the second submission of the petitioners is that the amending act is repugnant to the provisions of contract labour (regulation and abolition) act, 1970, it has not been reserved for the assent of the president and, therefore, the same may be declared unconstitutional on the touch-stone of ..... after consulting the advisory committee, by notification in the official gazette, and subject to such conditions and for such period as may be specified in the notification, exempt from the operation of all or any of the provisions of this act or any scheme made thereunder, all or any class or classes of security guards employed by the agency or agent as may be specified in the notification and deployed in any factory or establishment or in any class or classes of ..... will not be enforced against those petitioners till the end of january 1983 and that the government should dispose of those applications by that date ..... inference from the affidavit of one shri rajadhyaksha filed on behalf of the .....
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