Court : Mumbai
Reported in : 1982(2)BomCR235
..... as the proposed legislation is supplementary to the measures contained in the debt relief act, it is proposed to expand the scope of that act, to make the provisions of the act permanent, except the provisions relating to moratorium, which alone are of a temporary nature, and to insert the provisions relating to adjustment of debts as a ..... the petitioners have challenged the provisions of the maharashtra debt reliefs act, 1975 as enacted in the year 1975 as well as amended by maharashtra act xl of 1977 and maharashtra act xviii of 1979. ..... the life of the maharashtra debt relief act, 1975, is due to expire on the ..... maharashtra act 18 of 1979 that initially the maharashtra debt reliefs act, 1975 was enacted for liquidation of debts of certain marginal farmers, rural artisans, ..... the history of economic legislation in kerala, the sad plight of the agriculturist debtors in the state and the fact that the agriculturist debtors are living from hand to mouth and below subsistence level, the observations made by this court as quoted above apply to the facts of the present case with full force because similar conditions had prevailed in maharashtra which led to the passing of the maharashtra debt reliefs act. ..... the object of the legislature and the fact that the ordinance was issued on 22nd august, 1975, it cannot be said that the legislature has acted arbitrarily in prescribing 1st of august, 1975 as the date for deciding the income of the debtor during the year immediately before that date .....
Tag this Judgment!Court : Mumbai
Reported in : [2004]136STC152(Bom)
..... thirdly, since the resultant product emerging on mixing of fertilisers did not fall in any of the items specified in the tamil nadu general sales tax act the resultant product was held to be commercially a different product. ..... apex court in the case of shaw wallace [1976] 37 stc 522, does not support the contention of the state because firstly it is not brought to our notice that the definition of the word 'manufacture' under the tamil nadu general sales tax act which was under consideration therein is similar to the bst act. ..... state of tamil nadu [1976] 37 stc 522, the tribunal was justified in law in holding that the activity of mixing various chemical fertilisers in different proportion and selling the said mixture in granulated form does not constitute a manufacturing activity under section 2(17) of the bombay sales tax act, 1959?'4. ..... maharashtra agro industries development corporation limited ('the assessee', for short), is a reseller of various types of chemical fertilisers which are required by the agriculturists. ..... [1975] 35 stc 493 wherein it was held that the mixing and blending of coffee powder with chicory powder resulting in 'french coffee' is a distinct article or commodity covered under section 2(17) of the bst act. ..... [1975] 35 stc 493. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1976Bom82; 1975MhLJ497
..... statement of objects and reasons appended to this ordinance reads as under z:'under sub-section (1) of section 3 of the maharashtra (vidarbha region ) agricultural debtors's relief act, 1969 a debtor or his creditor may, subject to the provisions of the act, make an application upto the 1st october 1969 to the court for adjustment of the debts of the debtor. ..... and as both houses of the state legislature are not in session this ordinance is promulgated'.from this statement of objects and reasons it is quit clear that according to the legislature initially an application under section 3 of the act could have been filed upto 1st october 1969 for the adjustment of the debts of the debtors and as this time available for making such an application was short, it was considered necessary to extend the ..... lii of 1969 -- a bill to amend the maharashtra (vidarbha region) agricultural debtor's relief act, 1969) containing a provision to secure this object to clause 2 thereof was introduced in the maharashtra legislative assembly and passed by it on the 19th ..... temporary postponement of execution of decrees act, as extended from time to time , an ordinance was promulgated which was called the maharashtra (vidarbha region) agricultural debtors relief ordinance ..... therefore with a view to give relief to the agriculturist in the vidarbha area in whose cases decrees passed by the civil court were postponed under the ..... of 1971, decided by the supreme court on 13-2-1975 (reported in : (1975)iillj12sc ). .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1978Bom119; (1977)79BOMLR499
..... trees of minor importance) into logs had been completed and such cut logs of wood had been stored in the godowns in the forest long prior to the coming into force of act 29 of 1975, that such forest produce (felled material} was an independent and distinct species of property, that the legislative head 'forest' in entry 19 of list ii of the 7th schedule ..... that before the division bench on 8-3-1976 the petitioners insisted that the case should be decided in the light of amendments introduced in the parent act by amending act 72 of 1975, but curiously enough counsel for the state opposed the move and accordingly the bench disposed of the petition without taking into account the amendments effected in the parent ..... soil, conservation of water, prevention of erosion of soil and for improvement of land and underground water resources to the best interests of agriculture and agriculturists in such private forests and other lands in the state and for undertaking schemes for these and other purposes as hereinafter provided and to provide for matters connected therewith'. ..... included and as such on a strict construction of section 3 read with section 2 (f) forest produce of the private forests would not vest in the state; the contention is that by the amending act 72 of 1975 clause (vii) which spoke of 'all forest produce there-in, whether standing, felled, found or otherwise' which had been initially added to the definition of 'private forest' was deleted therefrom and the ..... tamil nadu : [1975 .....
Tag this Judgment!Court : Mumbai
Reported in : (1977)79BOMLR449
..... we may with advantage point out that in the punjab agricultural indebtedness (relief) act, 1975, (24 of 1975) in the definition of a 'debtor', 'rural artisan' and a 'small farmer' one of the conditions laid down is that the debtor in order to be 'debtor', 'rural artisan' or a 'small farmer' for the purpose of the act must be a person whose total assets do not exceed rupees fifty ..... full bench of that court was called upon to decide the validity of the madras agriculturists relief act (4 of 1938). ..... power was to be found in entry 27 in list ii of the government of india act, 1935, which read as follows:trade and commerce within the province; markets and fairs; money lending and money lenders.one such law enacted by the madras legislature was the madras agriculturists, relief act (4 of 1938). ..... that in section 7 of that act, it was provided:notwithstanding any law, custom, contract or decree of court to the contrary, all debts payable by an agriculturist at the commencement of this act, shall be scaled down in accordance with the provisions of this chapter.the object of the act as mentioned in the preamble was to provide for relief for indebted agriculturists. ..... definition of marginal farmer in section 2(f), it was contended that marginal farmer was defined as meaning 'an agriculturist who holds land measuring not more than one hectare of unirrigated land and includes an agriculturist who cultivates as a tenant or share cropper land measuring not more than one hectare of unirrigated .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(1)BomCR24
..... feasible on scientific lines, and thereby create conditions for the preservation of soil conservation of water, prevention of erosion of soil and for improvement of land and underground water resources to the best interests of agricultural and agriculturists in such private forest and other land in the state and for undertaking schemes for such purposes.and whereas it is also expedient to provide that in the case of owners of private forests (other than those ..... or other such matters and includes-(i) land covered with stumps of trees of forest:(ii) land which is part of a forest or lies within it or was part of a forest or was lying within a forest on the 30th day of august, 1975:(iii) such pasture land, water-lodged or cultivable or non-cultivable land, lying within or linked to a forest, as may be declared to be forest by the state government:(iv) forest land held to let for purpose of agriculture or for any ..... into account and considering in their proper perspective the relevant provisions of the indian forest act, 1927, maharashtra private forest (acquisition) act, 1975 as well as other acts and various decisions of the supreme court, including t.v. ..... order was passed to list both the petitions for interim reliefs after one week. ..... interim relief was not granted because licence for quarrying operation was ..... 1947 filed by bai fatimabai wd/o haji ahmed haji kasam for administration of the estate and for other reliefs. ..... matters were listed before us for orders regarding interim relief. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(1)BomCR501
..... that the statutory rules made pursuant to the power entrusted by parliament was a law made by parliament within the meaning of article 302 of the constitution and thus the case of state of tamil nadu must be restricted to the interpretation of article 302 of the constitution and cannot be relied upon for interpreting article 254(2) proviso to ..... abc rules 2001 having been framed after the enactment of the maharashtra act 51 of 1975 which enacted section 191-ba of the bmc act, the abc rules 2001 will prevail over section 191-ba of the bmc act, is erroneous and fallacious because if the parent act namely the pca act 1960 does not prevail over section 191-ba of the bmc act a fortiori the subordinate legislation namely the abc rules ..... senior counsel's contention that abc rules are sub-ordinate legislation hence the same cannot override section 191ba of bmc act, cannot be sustained in law, in the light of various judgments of the hon'ble supreme court, especially (a) express newspapers case : (1961)illj339sc , (b) state of tamil ..... stated in their petition that they have participated in the abc program meant for controlling the street dog population and therefore they do not have any right to seek any relief from this court and as such, all the petitions deserve to be dismissed on this count itself ..... constitution. the position under temporary measures are, therefore, dealt with by article 251 that in case of inconsistency between the union and state law, the former shall prevail and the latter will be .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(4)BomCR719
..... in order to demonstrate that this decision is reasonable, no material is brought on record to show that this factory was run in a manner beneficial to interest of all (i.e.factory itself, agriculturists and workers), when it was leased out to vaidyanath sahakari sakhar karkhana limited, nor the details, such as, balance sheets of other cooperative sugar factories;already being run on lease, are brought on record ..... have power, subject to the rules and the general supervision, control and direction of the registrar:(a) xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx(b) xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx(c) xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx(d) xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx(e) to investigate all the claims against the society and, subject to the provisions of the act, to decide questions of, priority arising out of such claims, and to pay any class or classes of creditors in full or ratable according to the amount of such debts, the surplus being applied in payment of interest ..... state of tamil nadu : [2003]263itr658(sc) , which are regarding doctrine of 'merger', on going through those observations, we feel that such a reliance ..... reliefs act) ..... arguments and by reference to certain documents in the record of various writ petitions, can be stated as follows; godavari dudhna sahakari sakhar karkhana ('sick factory') was registered under the maharashtra cooperative societies act, 1960 ('mcs act'), on 12.12.1975. ..... it ran successfully from 1975 to 2000, having .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(2)ALLMR1; 2007(1)BomCR540; (2007)109BOMLR60; 2007(1)MhLj597
..... (e), where the tribunal does not consider it appropriate to reinstate the employee or in any other appropriate case regard being had to the loss of employment and the possibility of getting or not getting suitable employment; (vi) to award other relief to the employee and to observe such other conditions as the tribunal may specify, having regard to the circumstances of the case;-(vi) both section 9 and section 12 are prefaced by nonobstante provisions which give overriding effect 'notwithstanding ..... sri ramakrishna tapovanam : air2005sc2392 turned on the provisions of the tamil nadu recognised private schools (regulation) act, 1974. ..... :1.1 this reference before the full bench raises principally, the issue as to whether a suit is maintainable in a civil court in respect of matters set out in section 9 of the maharashtra employees of private schools (conditions of service) regulation act, 1977 and rule 12 of the rules framed thereunder.1.2 the first respondent was employed by the appellants as an assistant teacher on 2nd july 1993 on a temporary basis and his appointment was renewed for terms of 11 months until 30th april 1997. ..... management of vishwa bharata seva samiti : air2001sc2836 the case before the supreme court arose out of the karnataka private educational institutions (discipline and control) act, 1975 and the grant-in-aid code. .....
Tag this Judgment!Court : Mumbai
Reported in : 2010(112)BomLR218
..... only when the following requirements are made out by the plaintiff: (i) existence of a prima facie case as pleaded, necessitating protection of the plaintiff's rights by issue of a temporary injunction; (ii) when the need for protection of the plaintiff's rights is compared with or weighed against the need for protection of the defendant's rights or likely infringement of the defendant's rights, the balance ..... and/or encumbrances of whatsoever nature by whatsoever named called pursuant to and/or in furtherance of and/or in implementation of the saide memorandum of understanding dated 14 april 2008 (exhibit - 'z1' hereto) and/or from acting in accordance with or in furtherance of the said memorandum of understanding dated 14 april 2008 (exhibit 'z1' hereto) or from in any manner implementing the terms of the said memorandum of understanding. ..... and/or encumbrances of whatsoever nature by whatsoever named called pursuant to and/or in furtherance of and/or in implementation of the said memorandum of understanding dated 14 april 2008 (exhibit - 'z1' hereto) and/or from acting in accordance with and/or in furtherance of the said memorandum of understanding dated 14 april 2008, or from in any manner implementing the terms of the said memorandum of understanding. ..... reliefs, in such situation, need to be based upon the various elements of order 39, rules 1 and 2, and order 40, rules 1 and 2 and specific relief act ..... 2) (1975) 1 all er 849, inspite of the fact that the plaintiff and defendants .....
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