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Shri George L. Fernandes Vs. State of Goa Through Its Chief Secretary,

Court : Mumbai

Reported in : 2009(6)BomCR393; 2009(111)BomLR2869; 2009(6)MhLj388

..... the learned advocate sonak for the petitioner further submitted that the decision making process following hearing of objections under sections 5(a) of the said act is not formality and requires application of mind by the appropriate government as the right to make objections available to the petitioner is akin to ..... under obligation to answer such objections based on technicalities, and entertaining of such objections after the prescribed period particularly after giving of the report under section 5(a) of the said act, was not within his powers as could be seen from the provisions of goa, daman and diu land acquisition rules 1972. 20. ..... did not give thought to the technical aspect while giving initial report dated 1.12.2008 under section 5(a) of the land acquisition act, and the addendum dated 16.1.2009 to this report was forwarded to the under secretary on 19.1.2009 after the revenue minister had given thought to the initial report dated 1.12.2008 on ..... , south goa district, margao, goa and following thereto the report dated 1.12.2008 under section 5(a) of the said act recommending the acquisition of the land for construction of approach road to the said bridge linking telaulim-varca village was forwarded to ..... the propriety and legality of the notifications dated 18.04.2008 and 22.01.2009 issued under sections 4 and 6 respectively of the land acquisition act, 1894 for construction of bridge across the river sal along with approach road at varca passing through survey no. .....

M.V. Mariner Iv, a Foreign Flag Vessel and Another Vs. Videsh Sanchar ...

Court : Mumbai

Reported in : 1998(2)ALLMR755; 1998(5)BomCR312; 1998(1)MhLj751

..... liberal construction had been adopted by courts, the admiralty jurisdiction of the high court would in any case have been considered to have progressed upto the level of the english administration of justice act, 1928, which was the last of a series of enactments in england on the subject prior to 1947, and consequently the indian high court would have been treated as a consolidated court ..... enjoy the same jurisdiction as it had immediately before the commencement of the constitution as stated in article 225, does not mean that a matter which is covered by the admiralty court act, 1861, cannot be otherwise dealt with by the high court subject to its own rules, in exercise of its manifold jurisdiction which is unless barred, unlimited to the extent not barred expressly ..... as the admiralty jurisdiction of the english high courts expanded with the progress of legislation, and with the repeal of the earlier statutes, including in substance the admiralty court acts, of 1840 and 1861, it would have been reasonable and rational to attribute to the indian high courts ..... to deal with the judgment cited by shri venkateshwaran reported in 1957 (2) all er 374 wherein with reference to section 3(4) of the administration of justice act, 1956, it is observed as under:'the defendants' argument is founded on the proposition that section 3(4) of the act of 1956, introduces a new restriction on the right to proceed in rem, and that a plaintiff cannot arrest a ship under that sub-section unless ..... 1986 .....

Emperor Vs. Somya Hirya Mahar

Court : Mumbai

Reported in : (1918)20BOMLR629

..... has been set down for further orders in view of the letter received from the government of bombay, inviting our attention to the repeal of sub-sections (2) and (3) of section 471 of the code of criminal procedure by the luancy act of 1912 and of the last twelve words of sub-section (1) of the same section by act x of 1914, to a letter of the government of india referred to in the preamble of the government resolution no. ..... this indeed might be assumed as regards the repeal of the last sentence of section 471(1), for that repeal was only effected by a statute law revision act-a class of act which is usually intended to delete unnecessary provisions and not to make substantive alterations in the statute ..... whatever then was the condition of mind of the prisoner on the 3rd november 1916 when he committed the act in question or on the 22nd january 1917 when he was first tried, it would appear that by the 22nd october 1917 he had recovered ..... the words were repealed by the repealing and amending act of 1914, and in my opinion it made no substantial change in the law relating to lunatics under ..... ' and shall report the case for the orders of the local government' in sub-section (1) of section 471 were repealed by the repealing and amending act, x of 1914. ..... edition of mayne does not notice the repeal of section 471(2) and (3) effected by the eunacy act of 1912. ..... editions of ratanlal and of sohoni do not give the partial repeal of section 471(1) effected by the statute law revision act of 1914. .....

Mohamed Ali Mulla Vs. State of Goa and anr.

Court : Mumbai

Reported in : III(2006)BC60

..... referring to the savings clause in section 4 of the repealing and amending act, 2001, the division bench noted that section 4 of the repealing and amending act saves the operation of the amendments inserted in the original act by the repealed act, the amendments, therefore, are clearly covered by the savings clause of section 6-a of the general clauses act read with section 4 of the repealing and amending act, 2001. ..... after referring to several decided cases, the learned division bench observed that the amendment made in the original act of 1881 by the amending act, 1988 remains in force and repeal by amending act in 2001 has not affected the amendment. ..... the first is that the offence alleged to have been committed by the accused under section 138 of the act took place at a time when sections 138 to 142 were not found on the statute book as the banking, public financial institutions and negotiable instruments laws (amendment) act, 1988 by which they were introduced into the negotiable instruments act, 1881 was repealed by the repealing and amending act, 2001. ..... as far as the first submission is concerned, the same has been answered by a division bench of this court, referring to section 6-a of the general clauses act, 1897 and section 4 of the repealing and amending act, 2001.6. ..... the repeal of the amending act, however, does not affect the law which already stood amended. ..... nothing was required to be done thereafter so far as amending act was concerned and was required to be repealed. .....

State Vs. Girdharlal Bajaj and anr.

Court : Mumbai

Reported in : AIR1962Bom130; (1961)63BOMLR743; ILR1961Bom902; (1962)IILLJ46Bom

..... from the passage which we have quoted above, that the decision in wilkinson's case (1948) 1 kb 721 turned upon the particular provisions of the statute which fell to be construed in that case, namely, the local government act, 1937, and it was because that court found in the statute itself an indication that the word 'contributory employee' could include an ex-employee or past-employee that they interpreted the word 'employee' as having the ..... . it seems to us that the word 'employee' as used in section 419 of the indian companies act, has been used in contra-distinction to the word 'employer' and that in the use of the word 'employee' the legislature contemplated the existence of a relationship of master and servant or what is the same thing between ..... from the 31st of may 1957; but in any case he had become a past employee of the company and having regard to the provisions of sections 417 to 420, and particularly of section 420, of the indian companies act, he, as a past employee, was not entitled to the inspection which he had claimed. ..... 12a) we have already observed that upon a plain reading of section 419 of the indian companies act, 1956, it would appear that there is no such doubt or difficulty ..... (9) the right which section 419 of the indian companies act, confers upon the employee to see the bank's receipt for moneys or securities pertaining to his provident fund account, is conferred upon him by the statute in the following words:'an employee shall be entitled, on request made in .....

Bombay Environmental Action Group, a Society Registered Under the Soci ...

Court : Mumbai

Reported in : 2005(6)BomCR574; (2005)107BOMLR337; (2006)4CompLJ117(Bom)

..... that the petitioners incorrectly assume that 1/3rd of the entire mill land area of 58 mills should be treated as being designated and/or in some unexplained mysterious sense be conditionally reserved as greens in terms of section 22(c) of the mrtp act, the master plan of 1991 is there for all to see and, admittedly, there is no reservation/designation or declaration of any kind as far as any of the items under section 22(c) are concerned in respect of 58 mill lands ..... if, as per the contention of petitioners, the phrase 'land after demolition of existing structures' is deleted from dcr 58(1)(b) as it exists today, on account of the amendment of the definition of the word 'development' in section 2(7) of the act is correct, then the word 'development' in the opening part of dcr 58(1) with the previous approval of the commissioner to a layout prepared, inter alia, for making of any material change in any building or land or in the use of ..... compliance with a notification dated 27th january 1994 (as amended on 7th july 2004) issued issued by the ministry of environment and forests (moef') under the provisions of the environment protection act, 1986 and the rules thereunder. ..... by a new one, it may well be that upon the old section the argument on behalf of one of the parties would have had more force, but the court had to interpret the act as if presently stood and they cannot attribute to the particular section a meaning based on the reading of the repealed section. ..... has since been repealed. .....

Mangesh Janardhan Mohite (President) and ors. Vs. State of Maharashtra ...

Court : Mumbai

Reported in : 2002(3)ALLMR660; 2002(5)BomCR653

..... , judgments, decree or order of any court or tribunal to the contrary, a co-operative society formed or proposed to be formed under the provisions of the maharashtra co-operative societies act, 1960 by not less than seventy per cent of the occupiers in a cessed building may by written application request the board to move the state government to acquire the land together with the existing building thereon or where the owner of the building does ..... being repaired or rendered fit for habitation at reasonable expense and is dangerous or injurious to the health or safety of the inhabitants thereof or, where the bombay corporation has under section 354-r of the corporation act passed a resolution declaring the area in which any such building is situated as the clearance area, the board may submit to the state government a proposal to acquire the land, including a proposal for issue ..... act of 1976 is concerned, it repealed and replaced the earlier bombay housing board act, 1948 and it also made provisions in chapter viii thereof with respect to repair and reconstruction of buildings, for which there existed earlier the above referred separate enactment, namely bombay repairs and reconstruction board act, 1969 which was also repealed by this act ..... chapter viii-a, which provided for acquisition of cessed properties for co-operative societies, was introduced in march 1986 whereunder a mechanism similar to sections 92 and 93 of chapter viii was ..... 1986 to provide for acquisition of cessed .....

M/s. Dosti Corporation and Another Vs. Sea Flama Co-operative Housing ...

Court : Mumbai

..... as issue raised by the defendant no.1 across the bar whether the provisions of mofa stood repealed impliedly or not, it is submitted by the learned senior counsel for the plaintiff that except few provisions of the act of 2012, the other provisions were not brought in force under a subsequent notification issued by ..... arise for consideration of this court is whether provisions of the mofa or any part thereof, more particularly sections 10 and 11 thereof, stood repealed by the provisions of maharashtra housing (regulation development) act, 2012 and whether the rights and obligations of the parties are accordingly governed by the said act of 2012 and not under the provisions of the mofa ..... case of lal shah baba dargah trust (supra) has held that in case where there is a repealing clause to a particular act, it is a case of express repeal, but in a case where doctrine of implied repeal is to be applied, the matter will have to be determined by taking into account the exact meaning and scope of the words used in the repealing clause ..... may, i am not inclined to accept the submission of the learned senior counsel for the defendant no.1 that any of the provisions of mofa stood repealed by the said act of 2012 with retrospective effect ..... 56 of the said act of 2012 which provides for repeal and savings clearly makes it clear that on and from the appointed day the maharashtra ownership flats (regulation of the promotion of construction, sale, management and transfer) act, 1963 shall stand repealed. .....

Smt. Prabhawati Tokersi Chheda Vs. Maharashtra Housing and Area Develo ...

Court : Mumbai

Reported in : 2002(4)BomCR579

..... was promised on the 6th floorand the petitioner paid rs.20,000/- for thisadditional space as a part of the consideration.these agreements were not being acted upon and,therefore, prayer clause (a) sought to cancel thenoc dated 1.10.1994 and also the iod (intimation ofdisapproval containing the permission to construct)dated 25.1.1995 issued by respondent no.4. ..... . butthe court changed its opinion insubsequent decisions and held thateven arbitrary and unreasonabledecisions of the governmentauthorities while acting inpursuance of contract would also beamendable to writ jurisdiction.this principle was laid down ingujarat state financial corporationv ..... . rights of the tenants of buildings demolishedon account of having become dilapidated:as far as the rights of the tenants areconcerned, prior to the enactment of the rent act, theview taken was that if a building became dilapidatedand collapsed due to the passage of time, the tenancyalso came to an end ..... . this act wassubsequently repealed when maharashtra housing andarea development act came to be passed in the year1976 ..... forissue of part or full completioncertificate and occupation certificateunless the proposed society/developer/owner has made arrangements toaccommodate all the occupiers in theerstwhile cessed buildings, shall besubmitted alongwith the compliance. 13) ..... 14) ..... 15) ..... 16) ..... ' 42. ..... . basantibai reported in : [1986]1scr707 protected the same on the touchstone ofarticle 31c .....

Maharashtra Chamber of Housing Industry and Others Vs. State of Mahara ...

Court : Mumbai

..... of the division bench decisions of this court were the circulars issued by various competent authorities under the urban land (ceiling and regulation) act, 1976 ( the principal act ) after repeal by the urban land (ceiling and regulation) repeal act, 1999 ( the repeal act ) to sub-registrars of assurances and planning authorities not to register documents presented by landholders for registration or sanction plans filed for ..... no.6300/2009 dated 08 th july, 2010 sets out the correct legal position as regards the ambit and scope of section 3(1)(b) of the urban land (ceiling and regulation) repeal act, 1999 or whether, the view taken in mira bhayandar builders and developers welfare association v/s the deputy collector and competent authority, thane urban agglomeration and others in writ petition ..... valid exemption order and validity of which is not affected even by any court's order to the contrary and equally any action taken there-under is not affected by repeal of the principal act and is saved though the same may not have been upheld by the court, then, the intent and purpose is not to allow any person holding the ..... in that behalf under clause (2) of article 252 of the constitution; and whereas, the government of maharashtra is of the opinion that the urban land (ceiling and regulation) act, 1976 should be repealed, in its application to the state of maharashtra, so that land in urban area may be available for housing; now, therefore, in pursuance of clause (2) of article .....