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Shah Bhojraj Kuverji Oil Mills and Ginning Factory Vs. Subbash Chandra ...

Court : Mumbai

Reported in : (1962)64BOMLR407

..... if nothing more had been said, section 7 of the bombay general clauses act would have applied, and all pending suits and proceedings would have continued under the old law as if the repealing act had not been passed. ..... these clauses are introduced into acts which repeal others, to safeguard rights which, but for the savings, would be ..... the substantive part of the section repealed two acts which were in force in the state of ..... and not merely qualifying that which goes before.and contends that the latter portion of the proviso, in question, being a substantive enactment, comprehends not only those suits which were pending on the date of repeal but also those cases, which came within the language of the latter part of the proviso, whenever the act was extended to new areas. ..... learned solicitor-general contends that the savings clause enacted by the proviso, even if treated as substantive law, must be taken to apply only to suits and proceedings pending at the time of the repeal which, but for the proviso, would be governed by the act repealed. ..... the learned solicitor-general argues that the proviso should be read as a proviso only to the substantive enactment, and must be taken to qualify the substantive portion of section 50 only to the extent to which it makes an exception to the repeal and but for the proviso would be governed by the repealed acts. ..... section 50 of the act, these acts were repealed. ..... proviso which has been added to section 50 of the act deals with the effect of repeal. .....

Maharashtra Rajya Sahakari Sevak Mahamandal and ors. Vs. State of Maha ...

Court : Mumbai

Reported in : 1989(2)BomCR570; (1989)91BOMLR1

..... we have already referred to the scheme of different sub-sections of section 69-a of the maharashtra co-operative societies act, 1960, and which confer, inter alia, power upon the state government to issue under sub-section (1) general or special orders regarding the number of persons to be recruited ..... petitioners to satisfactorily establish that the secretaries of co-operative societies who have been encarded in terms of section 69-a of the act have some responsibility, confidentiality, relationship with their employers and the public etc. ..... at the outset, we must repeal the submission made on behalf of the petitioners that ..... it is unnecessary for us to pursue the point that under section 69-a of the act the state government having given directions and orders for payment according to the scale indicated in the resolutions based upon the recommendations of the study group, it has a further ..... secondly, under sub-section (1) of section 69-a of the maharashtra co-operative societies act, 1960 in relation to the secretaries of certain societies who are members of the cadre, each central society has to determine the number of persons to be ..... the state government under sub-section (4) of the said act also prescribes the rates at which the societies and the bodies are ..... , 1987 also categorically mentions that the commissioner for co-operation should propose suitable amendments to section 69-a and rule 53(a)(b) of the rules framed under the act in order to give effect to the said resolution.5. .....

Mr. Ajay Sayajirao Desai Vs. Mrs. Rajashree Ajay Desai

Court : Mumbai

Reported in : AIR2005Bom278; 2005(3)ALLMR577

..... facts of the present case there is no scope to hold that throughout the whole course of two years as contemplated by clause (ib) of sub-section (1) of section 13 of the act, the husband has without cause been in desertion or that the wife had persisted in the intention to desert throughout the whole period. 15. ..... far as desertion is concerned, he invited our attention to the evidence of the wife and contended that it is the husband who deserted the wife and his acts were responsible for not allowing the wife to go back to matrimonial home and, therefore, such a husband, according to mr. ..... now well settled that in so far as desertion is concerned, what is required of a spouse seeking divorce on the ground of desertion is proof that throughout the whole course of two years as contemplated by clause (ib) of sub-section 1 of section 13 of the act, the other spouse has without cause been in desertion. ..... this appeal under section 28 of hindu marriage act, 1955 (for short 'the act') is directed against the judgment and order dated 18th july, 2000 rendered by the family court, pune in ..... in other words 'cruelty' contemplated by section 13(1)(ia) of the act is a conduct of such type that the petitioner cannot reasonably be expected to live with the respondent or that it has become impossible for the spouses to ..... of 1998 filed by the appellant-husband seeking dissolution of marriage on the grounds available under section 13(1)(i-a)(i-b) of the act as also for custody of a minor child -jaydeep. .....

Hindustan Ferrodo Ltd., Now Known as Hindustan Composites Ltd., a Comp ...

Court : Mumbai

Reported in : 2003(3)ALLMR201; 2003(5)BomCR790; 2003(4)MhLj50

..... not applicable to the suit premises and therefore contending that the petitioners have lost the status of deemed tenancy, which was granted to the petitioners under the old rent act consequent to its repeal without saving any right in that regard, the petitioners have regained the status of licensee and the appropriate notice for vacating the premises and termination of licence was issued to the petitioners by the respondents ..... of this provision, the right of being the deemed tenant which is claimed to have been accrued to the petitioners under the old rent act would survive and would not be affected on account of repeal of the old rent act has to be considered after considering the contentions by the respondents that the old rent act was a temporary statute and secondly that the status of tenant bestowed upon the licensee under section 15a was only 'for ..... the legislature had made a provision under sub-section (3) of section 7 that section 7 of the bombay general clauses act would apply upon the expiry of the old rent act or any provision thereof ceasing to be in force in any area, as if it had been repealed by the maharashtra act and therefore it is clear that it any provision which was applicable to any particular area is repealed or ceases to be in force in any area pursuant to a notification issued by the state government, under section 2(4) of the old .....

Mr. Aatif Nasir MullA. Aged 28 Years, and ors. Vs. the Central Pota Re ...

Court : Mumbai

..... review in terms of section 60 was limited to find out whether the provisions of pota have been misused against the concerned accused; whereas as per the provisions of the repeal act, 2004, the review committee has to consider the cases threadbare by exercising wide powers invested in it and record finding on merits which were not only binding on the central ..... as aforesaid, and, any such investigation, legal proceedings or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if the principal act had not been repealed: provided that notwithstanding anything contained in this sub-section or in any other law for the time being in force, no court shall take cognizance of an offence under the principal ..... on the contentions urged the questions that arise for our consideration are: (i) whether sub-section (3) & (5) of section 2 of the repealing act are unconstitutional and therefore invalid; and (ii) having regard to section 2(3) of the repealing act, when the review committee records an opinion that there is no prima facie case for proceeding against the accused under pota, whether the proceedings shall be deemed ..... fact that the petitioners had submitted applications before the review committee constituted under section 60 of the pota before coming into force of the repeal act of 2004 and the same were duly considered on merits and the grievance of the petitioners of misuse of provisions of pota was positively negatived. .....

Commander Uday Date and ors. Vs. Union of India (Uoi) and anr.

Court : Mumbai

Reported in : 1997(3)ALLMR620; 1997(4)BomCR10

..... naval officers who have attained the rank of lieutenant in the executive branch of the indian navy are entitled to a certificate of service as the master of a foreign going ship without examination under section 80(1) of the merchant shipping act, 1958 (act for short) after repeal of the said section on 14th august, 1986, is the short but interesting question which falls for my consideration in this group of writ petitions under article 226 of the constitution.2. ..... section 80 of the act was repealed by the merchant shipping (amendment) act, 1986 (no. ..... ---where this act, or any central act or regulation made after the commencement of this act, repeals any enactment hitherto made or hereafter to be made then, unless a different intention appears, the repeal shall not - (a) revive anything not in force or existing at the time at which the repeal takes effect ; or (b) affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder ; or (c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed; or (d) affect any penalty ..... ' we agree with the high court that the scheme of the 1973 act does not manifest an intention contrary to, and inconsistent with, the saving of the repealed provisions of section 5(6a) and chapter iii-b of '1955 act' so far as pending cases are concerned and that the rights accrued and liabilities incurred under the old law are not effaced. .....

B.V. Jewels Vs. Commissioner of Cus.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2003)(155)ELT589Tri(Mum.)bai

..... s/shri suresh mehta, ramesh iyer, sandip sawant and hardip singh bawa in their statements recorded under section 108 of customs act, 1962 had stated that no separate stock is maintained in respect of these goods and whatever stock are available are mixed with the stock of m/s. b.v. ..... 27,00,76,393 as detailed earlier shall not be held liable for confiscation under section 113(d) and 113(i) of customs act, 1962 and penalty shall not be imposed under sections 112(a) and (b) and 114(i) of customs act, 1962.8, the appellants were heard by the adjudicating authority who passed the impugned order holding as under :- m/s. b. v. ..... thus investigations in this regard revealed that the production of the 27 pieces of diamonds is a clear act of substitution on the part of shri suresh mehta to adjust the stock of high value diamonds. ..... jewels having presented the said shipping bill for export of jewellery studded with cut and polished diamonds contrary to the aforesaid prohibition imposed under the customs act, 1962 and the fera, 1973 and therefore the aforesaid 63,078.35 cts. ..... in view of this, this is a fit case for invoking proviso clause of section 28 of customs act, 1962 for demanding aforesaid customs duty on gold, diamonds and capital goods totally amounting to rs. ..... the employees of the unit in their statement recorded under section 108 of customs act, 1962 have confirmed that there is no separate demarcation in respect of the installation of the machines for both the units. .....

General Radio and Appliances, Ltd., Bombay Vs. Its Workmen

Court : Mumbai

Reported in : (1967)IILLJ439Bom

..... : (1961)iillj94sc , where the working hours were well below those fixed by the delhi shops and establishments act, the supreme court set aside the order of the tribunal reducing the working hours by half an hour every ..... is stated that the company pays overtime for work done after the company's normal working hours at the statutory rate although the acts prescribe overtime rates for the period over the statutory working hours. ..... company has replied as follows : the granting of overtime wages is governed by the provisions of the shops and establishments act and need not form an item of staff demands. 80. ..... 8 of the delhi shops and establishments act and the supreme court judgment in the case of the british overseas airways ..... the shops and establishments acts of the different states prescribe rules regarding ..... says that the provisions of the shops and establishments act are no bar to granting this demand since that act prescribes minimum. ..... the shops and establishments acts of the various states prescribe a maximum of 48 working hours in the ..... 10a of the industrial disputes act, 1947, by the respective state governments of maharashtra, west bengal, delhi, bihar and mysore for arbitration of disputes between general radio and appliances, ..... of contribution for this industry under the act is 6 1/4 per cent. ..... of provident fund contribution of the employer under the employees' provident funds act is 6 1/4 per cent. ..... for overtime at rates higher than those prescribed by the local acts is rejected. 81. .....

Rupchand Hemandsar Panjwani and ors. Vs. Heera Jawaharlal Mirchandani

Court : Mumbai

Reported in : AIR1968Bom100; (1967)69BOMLR587; 1967MhLJ906

..... 2(1) part i and part iv have been applied to the whole state it is only after part ii or iii is applied to the premises in suit that last words in the proviso prescribe that 'all the provisions of this act and the rules made thereunder shall apply to all such suits and proceedings; obviously, therefore, the mere coming into force of part i and part iv does not mean the application of the ..... iv were applied to the whole of maharashtra and parts ii and iii were applied in the first instant respectively to the areas claimed in schedules i and ii to the act and the state government was given under section 2 powers to extend the provisions of part ii or part iii or both to any other areas. ..... the bombay rents, hotel rates and lodging house rates (control) act, 1944 , and every order or act deemed to have been passed or done under that part shall be deemed to have been passed or done under this act; and (b) all proceedings pending before the controllers under part iv of that act shall be transferred to and continued before the controllers appointed under this act as if they were proceedings instituted before the controllers under this ..... repeals and removal of doubts, regarding applicability of the act to the proceedings under the presidency small cause courts act ..... restriction act, 1989, and the bombay rents, hotel rates and lodging house rules control act, 1944 are hereby repealed. ..... proviso, would be governed the act repealed. ..... hotel rates and lodging house rates control act, 1944 were repealed. .....

Dimitrios Paizis and ors. Vs. Motor Vessel nicos and ors.

Court : Mumbai

Reported in : AIR1983Bom178; (1983)85BOMLR250

..... the english merchant shipping act, of 1854 was repealed and repealed by the merchant shipping act, 1894, subsequently followed by the merchant shipping act,, of 1897, 1906, 1921 and 1937, however, inasmuch as the jurisdiction of the bombay high court as an admiralty court was stabilised as it existed at the time of the assign of the colonial court of admiralty a 1890, the english merchant shipping act, of 1894 or the subsequent merchant shipping act, of 1897, 1906, 1921 ..... with the result that this court would have no jurisdiction to try a claim based on such a mortgage; (b) the court jurisdiction is circumstance by the merchant shipping act, 1958 which does not enable the court to try a suit such as the present; and (c) consent by the 2nd defendants to the jurisdiction of the court of any country of ..... of the colonial court of admiralty act 1890 is to limit the jurisdiction of the colonial court of admiralty jurisdiction of the high court of england as it existed at the passing of the act and that the extension of the admiralty jurisdiction of the high court by the administration of justice act, 1920, repealed and re-enacted by the supreme court of judicature (consolidation) act 1925, does not apply to ..... act of 1840 was not repealed but on the contrary extended and improved by the later 1861 act ..... act expressly repealed act ..... repeal of the english merchant shipping act ..... repealed and replaced by the merchant shipping act ..... emphasise that the 1861 act did not and was not intended to repeal. .....