Judgment Search Results Home > Cases Phrase: the kerala cultivators and tenants temporary protection act 1970 Court: mumbai Page 3 of about 61 results (0.148 seconds)

Shri Kiritkumar Vallabhdas Gajaria and Another Vs. Champaben N. Kapadi ...

Court : Mumbai

Reported in : 1998(3)ALLMR223; 1998(4)BomCR58

..... ' section 41(1) of the post-1976 is as under:'41(1) notwithstanding anything contained elsewhere in this act but subject to the provisions of sub-section (2), the court of small causes shall have jurisdiction to entertain and try all suits and proceedings between a licensor and licensee, or a landlord and tenant, relating to the recovery of possession of any immovable property situated in greater bombay, or relating to the recovery of the license fee or charges or rent therefor, irrespective of the value of the subject matter of such suits or proceedings.' 4. ..... ' '.....it is of course true that section 41 of the small causes court act deals with such suits between the licensee and licensor while section 28 of the bombay rent act deals with suits between land-lord and tenant. ..... 'i) it must be a suit or proceeding between the licensee and licensor; or ii) between a landlord and tenant; iii) such suit or proceeding must relate to the recovery of possession of any property situated in greater bombay; or iv) relating to the recovery of the license fee or charges or rent thereof. ..... section 15a was also introduced by act of 1973 and certain licensees who were in occupation on 1.2.1973 were to become tenants and were granted protection of the bombay rent act. ..... it was a case where the defendant was granted more temporary gratuitous permission not coupled with a grant or interest to occupy the suit prem-ises. ..... the petitioner purchased the same from her own funds in october, 1970. .....

Rambhau Ganpat Koshire Since Deceased Through His Heirs and Legal Repr ...

Court : Mumbai

..... lays down that every tenant shall be deemed to be a protected tenant for the purposes of act of 1939, if he (a) held any land and cultivated it personally continuously for a period of not less than six years immediately preceding the first day of april 1937 and was evicted from such land on or after such date otherwise than by order of a competent authority on any grounds specified in section 14 of the act of 1939; (b) held any land and cultivated it personally continuously for a period of not less than six years immediately preceding the first ..... . in view of the decision of the apex court in the case of kerala state electricity board (supra), i am of the opinion that article 137 will apply to any petition or application filed under any act to the civil court ..... she also submitted that the insolvent, respondent nos.1 to 8 on one hand and the tenant on the other did not disclose order dated 22.10.1969 passed by the learned trial judge below exhibit-148 as also the judgment and order dated 29.04.1971 passed by the learned joint judge in civil appeal no.107 of 1970 before the tenancy authorities. ..... . the division bench quoted the finding of the apex court in the case of kerala state electricity board, which is to the following effect: the conclusion we reach is that article 137 of the 1963, limitation act will apply to any petition or application filed under any act to a civil court .....

Shaikh Zahid Mukhtar and Others Vs. The State of Maharashtra and Other ...

Court : Mumbai

..... on top of it, the state would have the court presume not just the knowledge of the accused of the nature of the flesh, namely, of an animal protected under the act, but even the manner of its production, namely, by slaughter in contravention of the act, and cast the burden of showing otherwise, a pure negative fact, on the accused. ..... krishna lal (supra), the canadian supreme court was considering the constitutionality of the presumption engrafted in section 8 of the narcotic control act, 1970 of canada on the anvil of section 11(d)of the canadian charter of rights and freedoms, which guaranteed the presumption of innocence to the accused. ..... 45-46, the law has been summarized in the following manner: it is now settled that no inflexible answer to this question is possible, and that it is the nature of the business or property which is an important element in determining how far the restriction may reasonably go: (a) in the case of inherently dangerous or noxious trades, such as production or trading in liquors or cultivation of narcotic plants, or trafficking in women, it would be a reasonable restriction to prohibit the trade or business altogether. ..... thus in order to prevent speculative dealings in essential commodities (such as cotton), during a period of emergency, the state may impose a temporary prohibition on all normal trading of such commodities. ..... state of kerala (air 1978 sc 771)will not help the state. .....

Mina Srinivasan Krishnan and Another Vs. Arun Bhaskar Adarkar

Court : Mumbai

..... the provisions of that section run thus : any dispute between the tenant and the landlord as regards, (a) tenant's possession of the land on the 1st day of september, 1947 and his right to the benefits under this act, or (b) misuse of the land by the tenant, or failure of the tenant to cultivate the land properly or (d) failure of the tenant to deliver to the landlord the rent accrued due within two months from the date on which it becomes payable, or (e) the quantity of the produce payable to the landlord as rent, shall be decided by the collector on the application of either of the parties. 7. ..... that the protection afforded by the three acts in force in the state remain unimpaired by providing categorically that no tenant can be evicted as long as he continues to pay the amount of standard rent and permitted increases, if any, and observes and performs the other conditions of the tenancy, the only exception being when the landlord needs the premises for his own bona fide personally residence; (f) (i) the bombay rents, hotel and lodging house rates control act, 1947 provided special relief of making application to the competent authority for possession of the premises, by the landlords who .....

Gangadhar Sadhashiorao Watane and ors. Vs. the State of Maharashtra an ...

Court : Mumbai

Reported in : AIR1976Bom13

..... an act void because in their opinion it is opposed to a spirit supposed to pervade the constitution but not expressed in words **** it is only in express constitutional provisions limiting legislative power and controlling the temporary will of a majority by a permanent law settled by the deliberate wisdom of the nation that one can find a safe and solid ground for the authority of courts of justice to declare void any legislative enactment' the court is construing and interpreting the provisions of the enactment has to ascertain the meaning and intention of legislature from the language used in the statute itself and ..... this meeting reviewed the entire situation and recommended unanimously that since the monopoly cotton procurement scheme is in the best interest of the cotton cultivators, it should not under any circumstances be suspended, but it must be implemented and that cotton cultivators would in their own interests whole-heatedly help the government in over-coming the financial difficulties faced by the scheme. ..... the protection given by article 358 to a legislation made during the subsistence of emergency against an attack on the ground of violation of article 19 of the constitution is a blanket protection if the legislation is otherwise legal and constitutionally valid. ..... ponnoose, air 1970 385 (cit supra ) as under :- 'now it is open to a sovereign legislature to enact laws which have retrospective operation. ..... ponnoose, : [1970]75itr174(sc) .10. .....

Khotani Construction Co., Vs. Anwar Haji Alimohammed Cassum and ors.

Court : Mumbai

Reported in : 1986(3)BomCR454

..... a 'deemed tenant' is a person who is not a tenant within the meaning of the transfer of property act, but who is all the same deemed to be a tenant, because, he is lawfully cultivating the land belonging to another and because he does not fall in any of the excepted categories mentioned in the said section with which we are ..... (a) a person who is deemed to be entitled to receive, rent in respect ofa tenant under section 4; any premises whether on his own(b) a person who is a protected account or on account, or on behalf,tenant; and or for the benefit of any other (c) a person who is permanent person or as a trustee, guardian, or tenant; and the word 'land receiver for any other person or who lord' shall be construed accord would so receive the rent or be ingly;' entitled to receiver the rent if the premises were let to be a tenant; andincludes any person not being atenant who from ..... 2 and for injunction restraining the first defendant, her servants and agents from constructing upon or parting with the possession of the suit lands.along with the suit, a notice of motion was taken out by the plaintiffs for temporary injunction pending the suit and an order of ex-parte injunction in terms of the notice of motion was passed by the trial ..... significant to note that no step was taken by him right till the year 1970 to have the entries in the revenue records relating to the suit lands suitably altered from the year 1939 till 1-4-1957 inspite of the declaration obtained by him in ten.a. 8/54. .....

M. Sreenivasulu Reddy and ors. Vs. Kishore R. Chhabria and ors.

Court : Mumbai

Reported in : [2002]109CompCas18(Bom)

..... although chapter iii is named as 'takeovers', the submission of the defendants is that principally the sebi act and regulations are for the benefit of the investors and every order to be passed by sebi will have to be in the interest of the investors and the regulations will also have to be read and interpreted in the interest of the investors, the defendants submit that the regulations are not meant for protecting or safeguarding the companies or their existing managements ..... initially commenced with distributing their products in various states including the state of tamil nadu, andhra pradesh and kerala, but the relationship between the mallya family and the reddy family dates back to a generation and from 1985 onwards the reddy group has spent huge amounts over setting up and purchasing various distilleries in madras, hyderabad, goa and kerala for the purposes of production and bottling of liquor exclusively for the ub group including defendant no. ..... . the judicial committee observed in that matter as follows :'the policy of the act is not to be defeated by any ingenious devices, arrangements, or agreements between a vendor and a vendee for the relinquishment by a vendor of his 'sir' land or land which he has cultivated continuously for twelve years at the date of the transfer ; for a reduction of purchase money on the vendor's failing or refusing to relinquish such lands ; or for the vendor being liable to a suit for breach of contract on his failing or refusing to relinquish such .....

Krishna Madhaorao Ghatate and anr. Vs. the Union of India and ors.

Court : Mumbai

Reported in : AIR1975Bom324; 1975CriLJ1828; 1975MhLJ822

..... . maintenance of public order (temporary) act, 1947, and the observations were made in the context of the specific provisions of the act ..... of kerala : 1966crilj1533 , which reads as under:'in conclusion we wish to add that when we come across orders of this kind by which citizens are deprived of their fundamental right of liberty without a trial on the ground that the emergency proclaimed by the president in 1962 still continues and the powers conferred on the appropriate authorities by the defence of india rules justify the deprivation of such liberty, we feel readily disturbed by the though that continuous exercise of the very wide powers conferred by the rules on the several authorities is likely to make the conscience of the ..... 358 protects action both legislative and executive taken after proclamation of emergency and, therefore, any executive action taken by an officer of the state or by the state will not be liable to be challenged on the ground that it infringes the fundamental freedoms under art. 19. ..... : [1970]3scr498 the supreme court has considered the true scope and effect of article 358 of the constitution of india. ..... , : [1970]3scr498 and mohd. .....

Kirti Natwarlal Thakkar Vs. J.D. Jamdar and ors. and

Court : Mumbai

Reported in : 1987(1)BomCR195

..... ordinary jurisdiction,shall have jurisdiction to entertain and try any suit or proceeding between a landlord and a tenant relating to the recovery of rent or possession of any premises to which any of the provisions of this part apply (or between a licensor and a licensee relating to the recovery of the license or charge) and to decide any application made under this act and to deal with any claim or question arising out of this act or any of its provisions and (subject to the provisions of sub-section (2), no other ..... conviction the consequences at the foundation of extending advantage of all those conditions under that agreement to the intending tenant who has advanced loan would remain intact meaning thereby assuming that original prosecution may be one of the consequences against landlord still the enforcement of even such an agreement with the said conditions would remain in force because the agreement was entered into for the protection of the parties and thus for the intending tenant who advances the loan so as to get the due ..... kerala intervener, : [1968]1scr148 the supreme court, though being required to consider the relevant provisions of the sales tax act referred to this aspect also to find out whether a proviso to the substantive provision necessarily serves as an exception or can be treated as the substantive provision itself, held that in a given case, though exceptional may be, such a situation may arise where the proviso can be treated as substantive provision and .....

M. Mohammed and Etc. Etc. Vs. Union of India and ors.

Court : Mumbai

Reported in : AIR1982Bom443

..... of public premises in this context, the court observed as follows: -'even where the lease in favour of the central government is determined and the central govt, become a statutory tenant under the bombay rent act, 1947 the premises do not cease to be public premises within the meaning of section 2(e) the act is not so much concerned with the title as with the possessory rights vested in the central government and section 2(e) only indicates the sources by which such right to possession can be acquired, one such being, the taking of the premises on lease from its owner. ..... however, provisions of the bombay rent act afford some protection to the tenants against eviction and prevents such determination of lease from having its full effect. ..... the appeal filed against the said order being appeal no.81 of 1970 was allowed on 17-12-1971 on the ground that the estate officer was not competent to hold the enquiry as his appointment had not been enquiry as his appointment had not been notified in the government gazzette as required under the provisions of s. ..... the tests as to whether for a limited period of time a temporary ownership has been created is according to the cases (1) whether there is a demise of the property. .....