Court : Mumbai
Reported in : AIR2002Bom65; 2002(2)BomCR300; 2002(2)MhLj305
..... the bombay rent act was enacted originally as a temporary measure in order to protect the tenants from eviction from their premises and also from arbitrary enhancement of rent. ..... -- for the purpose of this clause the expression 'bank' means; -- (i) the state bank of india constituted under the state bank of india act, 1955; (ii) a subsidiary bank as defined in the state bank of india (subsidiary banks) act, 1959; (iii) a corresponding new bank constituted under section 3 of the banking companies (acquisition and transfer of undertakings) act, 1970 or under section 3 of the banking companies (acquisition and transfer of undertakings) act, 1980; or (iv) any other bank, being a scheduled bank as defined in clause (e) of section 2 of the reserve bank of india act, 1934.' 3. ..... 3 of the rajasthan colonization (rajasthan canal project pre-1955 temporary tenants government land allotment) conditions, 1971 and rule 3(2) of the rajasthan colonization (allotment of government land to post, 1955 temporary cultivation lease holders and other landless persons in the rajasthan canal project area) rules, 1971 are discriminatory and void. ..... on the other hand, a classification with reference to economic realities was upheld by this court in kerala hotel & restaurant assn. v. ..... state of kerala. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1983Bom317; (1983)85BOMLR134
..... indian aluminium company limited, : [1976]1scr552 , section 2(a) of the kerala essential articles control (temporary powers) act, 1962, was challenged, inter alia, on the ground of excessive delegation. ..... (3) for the purposes of this section, 'banking company' includes the industrial development bank of india, the reserve bank, the state bank of india, a corresponding new bank constituted under section 3 of the banking companies (acquisition and transfer of undertaking) act, 1970 (5 of 1970), a regional rural bank established under section 3 of the regional rural banks act, 1976 (21 of 1976) and any subsidiary bank. ..... further, in a case such as this, the tribunal would itself not permit such an employee to give such information or disclose such documents, because though the section protects a banking company from being compelled to produce such documents and giving such information, by necessary implication the tribunal is bound not to permit an employee of the bank to produce such documents or give such information for to permit this to be done would amount to nullifying the provisions of the said section. ..... administrator for the union territory of delhi : [1962]2scr125 , the supreme court upheld the validity of section 19 of the slum areas (improvement and clearance) act, 1956, under which landlords were barred from executing eviction decrees against tenants except with the previous permission of the competent authority. .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(1)ALLMR825; 2005(3)MhLj586
..... section 125(3) of the kerala land reforms act, 1963, the supreme court stated that:'the word 'arises' was not a point which arose for consideration in the said decision and there was nothing in that decision to suggest anything contrary to the legal position adumbrated above and therefore the civil court was not obliged to make a reference to the land tribunal as per section 125(3) of the act merely because a party had raised a contention that he is a tenant or a kudikidappukaran and the civil court had ..... the defendants contested the suit and, inter alia, stated that:'the court had no jurisdiction to try the suit in respect of the suit property protected under the goa, daman and diu agricultural tenancy act, 1964 (the act, for short) and more particularly by virtue of the 5th amendment of the act'.the defendants also stated that the prayers of the ..... the defendants were infact in possession of the suit property or whether the defendants cultivated the land personally and as such were in possession of the same or whether the land was used for agricultural purposes were all matters which were required to be decided by the mamlatdar, the same being incidents or attributes of the tenancy claimed by the defendants and could not have been decided by the ..... the court further observed that in ratan lal shah's case : [1970]1scr296 , it had allowed the appeal to be prosecuted, even though one of the joint decree-holders impleaded as a party-respondent had not been served with the notice of the .....
Tag this Judgment!Court : Mumbai
Reported in : (1972)ILLJ130Bom
..... they relate to the suitability of the place or premises, the previous experience of the applicant, the financial resources of the applicant including his financial capacity to meet the demands arising out of the provisions of the laws for the time being in force relating to welfare of labour, the disclosure whether the application is made bona fide on behalf of the applicant himself or is benami for any other person, and the welfare of the labour in the locality, the interests of the public generally and such other matters as may be prescribed. ..... state of madhya pradesh, : [1970]1scr400 , the supreme court was dealing with the provisions of an act enacted for regulating the trade of tendu leaves by creating the state monopoly and debarring some persons including contractors who had committed default in the prior contracts and those who had no prior experience from participating in the sale and purchase of tendu leaves. ..... in some of the districts of the then central provinces and berar, it was found that the agricultural labour and villagers generally took to beedi-labour making to such an extent that agricultural labour was not available in sufficient number for paddy cultivation. ..... 19(1), it must be held to be invalid unless those who support it can bring it under the protective provisions of clause (5) or clause (6) of that article. ..... phadke derived support for this argument from the judgment of the supreme court in state of kerala v. .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(4)ALLMR592; 1998(4)BomCR203
..... on the question of tenancy it was urged that the same is required to be decided by the tenancy court and the civil court has no jurisdiction to decide the same; that since the appellant claimed to be in possession of the suit property as tenant, the remedy for him was to approach the mamlatdar under section 8-a of the said act and in view of the same, the civil court had no jurisdiction to grant injunction. ..... it is pertinent to note that under the goa, daman and diu agricultural tenancy act, 1976, there is a clear provision under section 8-a where a tenant can approach the tenancy court for protecting his possession. ..... for five years prior to the filing of the suit; that the appellant had not filed any affidavit along with the application for temporary injunction and had only filed affidavits-in-rejoinder and that the trial court, placing reliance on the affidavits filed by the respondents had properly exercised discretion in the matter while refusing the injunction application filed by the appellant. ..... according to the appellant, about 80 hectares of land from the suit property was brought under sugar cultivation and the said land was never surrendered by the appellant or respondent no. 6. ..... the period of lease was for nine years with effect from 1-1-1970 when the possession of the suit property was handed over to the appellant and respondent no. 6. .....
Tag this Judgment!Court : Mumbai
Reported in : 2010(1)MhLj658
..... in order to avoid multiplicity of proceedings in different courts and 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 licence fee, irrespective of the value of the subject-matter, should go to and be disposed of by the small cause court, either under that act or the rent control act.3. ..... in the present case the appellant seeks protection of the rent act since he is a deemed tenant under section 15-a read with section 5(4-a) and 5(11)(bb) of the rent act. ..... the respondent, on the other hand, filed application under section 8 of the arbitration act of 1940, praying that the 2nd respondent be appointed as the sole arbitrator to decide the dispute and differences between the parties under the leave and licence agreement dated march 28, 1970. ..... -where a person has a permanent dwelling at one place and also a lodging at another place for a temporary purpose only, he shall be deemed to reside at both places in respect of any cause of action arising at the place where he has such temporary lodging.explanation iii. ..... sarojini 1992 (kerala) 9. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(2)BomCR361; (2008)110BOMLR3609; 2009(2)MhLj734
..... land holders interest to protected tenant or as the case may be ordinary tenant and reasonable price payable therefor by the tenant (protected or ordinary) is agreed to, in that eventuality provisions of sub-section (7) of section 38 shall not apply to such sale and either the landholder or the protected tenant or as the case may be ordinary tenant or both jointly, may apply to the tribunal and thereupon all the provisions of sub-sections (4), (5), (6), (6a), (8) and (9) of that section shall apply mutatis mutandis to such application. ..... landholder and tenant, either protected or ordinary, and all persons, who appear to the tribunal, to be interested of the date, time and place for enquiry of such application. ..... it has been provided under section 38-a that in case of such consensus for reasonable price between the landholder and tenant (protected or ordinary), subsection (7) of section 38 shall have no application. ..... this contingency arises in case reasonable price is agreed between the landholder and tenant (protected or ordinary). ..... chapter iv-a of the act of 1950, refers, 'rights of protected tenants, ordinary tenants and landholders'. ..... however, land to the tune of 12 acres and 10 gunthas from the southern side has been cultivated by kasim (defendant no. ..... (temporary) control of rent and eviction act, 1947 was operating in the field. ..... 2978 of 1967 dated 23.9.1970. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(1)ALLMR318; 2008(1)BomCR1; (2007)109BOMLR2493; 2007(6)MhLj851
..... , height, number of storeys and character of buildings and density of population allowed in a specified area, the use and purposes to which buildings or specified areas of land may or may not be appropriated, the sub-division of plots, the discontinuance of objectionable users of land in any area in reasonable periods, parking space and loading and unloading space for any building and the size of projections and advertisement signs and boarding and other matters as may be considered necessary for carrying out the objects of this act.section 3k of slum act - reference will be made ..... section 3z states that notwithstanding anything contained in the act, on and after the commencement of the amendment act, no protected occupier shall, save as provided in sub-section (2), be evicted, from his dwelling structure. ..... petitioners therein are occupiers and tenants of tenements situate at tulsiwadi, tardeo, mumbai. ..... temporary transit camps are dealt with at sr. no. ..... state of kerala and ors. ..... state of assam : [1970]2scr197 (c) dfo, south kheri and ors. v. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(3)ALLMR546; 2008(3)BomCR408; (2008)110BOMLR951
..... in held by an occupant or tenant and is lawfully under cultivation on the appointed day and is not in excess of the ceiling area provided by section 5 of the maharashtra agricultural lands (ceiling on holidays), act, 1961 for the time being in force or any ..... the prevention of landslips or of the formation of ravines and torrents, or the protection of land against erosion, or the deposit hereon of sand, stones or gravel;(c) for the improvement of grazing;(d) for the maintenance of a water supply in springs, rivers and tanks; (e) for the maintenance, increase and distribution of the supply of fodder, leaf manure, timber or fuel(f) for the maintenance of reservoirs or irrigation works and hydro electric works;(g) for protection against storms, winds, rolling stones, floods and drought(h) for the protection of roads, bridges, railways and other lines of communication and(i) for the preservation of the ..... the enquiry, the show cause notice imposed temporary restrictions on the cutting and removal of trees or the clearing of vegetation on the said lands 'for a period of six months or till the date of making the notification whichever is earlier.c) the issuance of the said show cause notice was only a transient/preliminary step for inviting objections and for considering the government to consider whether a final notification should be issued under section 35(1) in respect of the lands covered by the ..... and state of kerala and ..... 1970]2scr10 ; (iii) a constitution bench decision in m.pentiah and .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1978Bom119; (1977)79BOMLR499
..... in sub-section (1) shall apply to so much extent of land comprised in a private forest as is held by an occupant or tenant and is lawfully under cultivation on the appointed day and is not in excess of the ceiling area provided 'by section 5 of the maharashtra agricultural lands (ceiling on holdings) act, 1961, for the time being in force or any building or structure standing thereon or appurtenant thereto. ..... highly degraded and over-exploited state and was adversely affecting agriculture and agricultural population and that therefore it was expedient 'to acquire private forests in the state of maharashtra generally for conserving their material resources and protecting them from destruction or over-exploitation by their owners and for promoting systematic and scientific development and management of such forests for the purpose of attaining and maintaining ecological balance in the public interest, for improving the socio-economic conditions of the rural population, and particularly of the adivasis and other ..... union of india : [1970]1scr479 , the question before the court was whether preparation and manufacture .of gold ornaments by goldsmith in india, though it involved personal skill .and craft, would fall within the connotation of the word 'industry' in entry 52 in list i and entry 33 in list ii and the same was answered in the affirmative and the court held that such manufacture could properly come within the purview of the gold (control) act, 1966 enacted by parliament .....
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