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Punjab State Warehousing Corp. Vs. Bhushan Chander and Anr

Court : Supreme Court of India

..... the court opined there can be no dispute that the seizure of the goods by the appellants being entrusted with the goods or dominion over them was an act committed by them while acting in the discharge of their official duty, but the act complained of subsequent dishonest misappropriation or conversion of those goods by the appellants, which is the second necessary element of the offence of criminal breach of trust under section 409 ipc, and hence, it could not be said that the act was committed in the course of performance of their official duty. ..... by him while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence except with the previous sanction save as otherwise provided in the lokpal and lokayuktas act, 2013 (a) in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of the union, of the central government; (b) in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of a state, of the state government ..... it was argued before the learned single judge that in view of the decisions in state of maharashtra v. dr. ..... in state of maharashtra v. dr. ..... state of maharashtra[8]. .....

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

Court : Mumbai

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

..... . the prescribed percentage of the surplus built-up area as provided in the table in the third schedule of the maharashtra housing and area development act, 1976, shall be made available to the mumbai repairs and reconstruction board for accommodating the occupants in transit camps or cessed buildings which cannot be reconstructed, on payment of an amount as may be prescribed under mhada act, 1976. ....................... ..................... ..... . the plea of the respondents was accepted by the high court and when the matter was carried to the apex court, the apex court referred to the relevant section 220-a of the bombay municipal corporation act on vesting of water courses and held that until the procedure therein was followed, it cannot be said that the water courses vested in the corporation ..... . that clause states that where acquisition was completed, but work of construction was not started, and if a request of a co-operative society of landlord and resident is received, then such land should be first allotted to the concerned society on license basis and on completing the building, it should be leased out for a period of 90 years .....

Property Owners' Association and Ors. Vs. State of Maharashtra and Ors ...

Court : Mumbai

Reported in : 1992(1)BomCR152

..... the laws relating to housing, repairing and improvement work in relation to slum areas in different parts of the state were : (a) the bombay housing board act, 1948, (b) madhya pradesh housing board act, 1950, (c) the bombay building repairs and reconstruction board act, 1969, and (d) the maharashtra slum improvements act, 1973 and all these acts were repealed on enactment of the maharashtra housing and area development act, 1976. ..... or in any agreement, contract, judgment, 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 not own the land underneath or appurtenant to such building but holds it as a lessee or licensee, or where ..... the maharashtra legislature enacted the maharashtra housing and area development act, 1976 and the act received the assent of the president on april 25, 1977. ..... by this petition filed under article 226 of the constitution of india, the petitioners are challenging constitutional validity of chapter viii-a of the maharashtra housing and area development act, 1976 (hereinafter referred to as the 'act'). ..... 1 of 1986 to amend the maharashtra housing and area development act, 1976. .....

All the Abovenamed Having their Vs. Ms. Goregaon Unnati Chs Ltd.

Court : Mumbai

..... during the pendency of the writ petition, mumbai area and housing development board ("mhada") had initiated proceedings on 27th february, 2009 under section 95-a of the maharashtra housing and area development act, 1976 (hereinafter the "said act of 1976")for summary eviction of the appellants with a view to see that the development work may proceed as per the no objection certificated granted by mhada. ..... learned counsel for the appellants pointed out this fact during the course of argument but it is the other side pointed out that even subsequently there is a resolution of all the requisite members for sanctioning the development work of chawl no. 19. ..... during the course of hearing, the learned counsel appearing for the appellants submit that the appellants are not objecting the re-development but the members may be allowed to develop the property on their own. ..... bhatt, during the course of hearing, pointed out that regarding transitory accommodation, there is no grievance on the part of the appellants. ..... during the course of hearing, it was only the other side had pointed out this aspect and the court has examined this aspect. ..... naidu has challenged the said decision during the course of their arguments. ..... of course, this aspect was not argued or pointed out by the learned counsel for the appellants at the time of arguments. ..... of course, as pointed out earlier, this new meeting was never subject matter of dispute. .....

Radhika George and ors Vs. 6 Tanishq Builders.

Court : Mumbai

..... & adb being statutory authority constituted under section 95a of the maharashtra housing and area development act, 1976 (for short, the mhad act) and thereby passed the operative order as under:- "o r d e rthe non-cooperative members no. ..... 5556 of 2006 will be binding on the society.condition 20 of the said noc states that the society should give an undertaking that no construction will be allowed on land acquired by the railways, which should be handed over to railways as and when demanded.44 on 25 august 2008, 9 structures were demolished by the railways in the course of its expansion programme. ..... on different facts, the purpose and object of the slum acts and scheme in the following words :-"8 although all planning and development works were covered under the aforesaid act, however, with a view to make better provision for the improvement and clearance of slum areas in the state and their redevelopment and for the protection of occupiers from eviction and distress warrants, the maharashtra slum areas (improvement, clearance and redevelopment) act, 1971 (hereinafter referred to as "the 1971 act") was enacted by the state of maharashtra.9 chapter i-a, however .....

Tukaram S. Vichare Vs. Dattaram S. Vichare and ors.

Court : Mumbai

Reported in : 1991(2)BomCR250

..... the case presents a rather unusual set of facts and circumstances and also raises issues of both importance and interest, namely, that it calls for an interpretation of the term 'subletting' in the special context of section 66 of the maharashtra housing and area development act, 1976 (hereinafter referred to as 'the act').2. ..... this is a writ petition under article 227 of the constitution of india and is directed against an order dated 5-1-1989 passed by the appellate officer constituted under the maharashtra housing and area development act, bombay. ..... section 66 of the act does not cast any obligation on the officers of the housing board to find out the exact whereabouts of an allottee who has left the premises and is reading elsewhere, nor does it cast any obligation on the officers of the housing board, in case of substituted service, to paste the notice at the actual place of residence of the allottee in question, if he is not residing at the allocated premises. ..... it is necessary in this context to refer to the wording of section 66(1)(a)(ii) of the act, which reads as follows :-'(ii) sub-let, without the previous permission of the authority the whole or any part of such premises. ..... the supreme court had, in that case, construed the term 'sub-letting' in the context of a proceeding under the rent act and had observed that mere occupation of the premises in the possession of a tenant by a third party is not sufficient to infer either sub-tenancy or parting with possession. .....

Secretary, Bangalore Turf Club and Others Vs. Kishan Srivastava and An ...

Court : Karnataka

Reported in : AIR1996Kant306; ILR1996KAR1905; 1996(2)KarLJ680

..... it is further submitted under the karnataka race course licensing act, the club should ensure fair racing which depends to the large extent on the popularity of the sports itself and also the conduct of the punters. ..... the company has been granted a licence under the provisions of the karnataka race course licensing act and carries on the business of conducting horse races. ..... the delinquent employee sought the assistance of an office bearer of an other trade union who is not a member of either a recognised union or a non recognized union functioning within the undertaking in which the delinquent is employed notwithstanding the statutory limitation contained in certified standing ordersand section 22(ii) of the maharashtra recognition of trade union and unfair labour practices act, 1971. ..... the stewards of the club are themselves; the stewards of the meeting held in bangalore race course. ..... be expedient to pointout that the question will not be whether the court considers that the conduct of the defendants or their executive committee was fair and just but the very different question whether the case is one in which the court has power to interfere.the jurisdiction of the courts in regard to domestic tribunals a phrase which may conveniently be used to include the committee or the councils or the members of trade unions of members' clubs, and of professional bodies established by statute or royal charter while acting in a quasi-judicial capacity .....

Nagpur Land Developers Association Through Its President and ors. Vs. ...

Court : Mumbai

Reported in : 2005(3)MhLj881

..... xxvii of 1976) or(b) appoint any development authority declared under ..... in the notification in this act referred to as 'the notified area') either (a) constitute an authority consisting of a chairman, a vice chairman, a member of the maharashtra legislative assembly representing the notified area one member representing the municipal area if any included in the notified area, the deputy director of town planning and the executive engineer, public health works division each having jurisdiction over the notified area and an officer not below the rank of an assistant collector ; or (aa) appoint the authority constituted under the maharashtra housing and area development act, 1976 (mah .....

Avarsekar and Sons Private Ltd. Vs. Dhananjay Shivdas Varade (Dr.) and ...

Court : Mumbai

Reported in : 2009(3)BomCR596

..... the development of the property which is stated to be an 'a' category cessed structure, within the meaning of the maharashtra housing and area development act, 1976, was envisaged under the provisions of development control regulation 33(7) which prescribe an enhanced floor space index. ..... section 95a of the maharashtra housing and area development act, 1976 was amended by maharashtra act 16 of 1998. ..... such structures are classified as 'a' category cessed structures in the maharashtra housing and area development act, 1976. ..... the appellant as purchaser was required to obtain a commencement certificate and permission to reconstruct the building from the municipal corporation and the maharashtra housing and area development authority on fsi of 1:2 within a period of six months. ..... however, in spite of the failure on the party of the first part to comply with the aforementioned requisition within the prescribed period and in case the party of the second part is desirous of continuing the said agreement further they shall be at liberty to do so and/or grant extension for fulfilling the said obligation on the part of the first party by granting the extension of additional period on such mutually agreed terms and conditions between the parties.5. ..... during the course of hearing of these proceedings, it has not been in dispute before the court that the consents of more than 70% of the tenants was obtained by the vendors. .....

Vijay K. Mehta and anr. Vs. Charu K. Mehta and ors.

Court : Mumbai

Reported in : 2008(5)ALLMR366; 2009(1)BomCR179

..... of:(i) the orders passed under the bombay municipal corporation act, 1888;(ii) the orders passed under the maharashtra housing and area development act, 1976, and under the enactments repealed by the said act;(iii) the orders passed under the maharashtra slum areas (improvement, clearance and redevelopment) act, 1971(iv) the orders passed under the industrial disputes act, 1948;(v) the orders made in applications under the bombay industrial relations act, 1946;(vi) the orders passed under the maharashtra restoration of lands to scheduled tribes act, 1974 (act xiv of 1975)(vii) the orders passed under the maharashtra co-operative societies act ..... applying this principle and keeping in mind the dictum of the apex court in surya dev rai's case (supra) in exercise of supervisory jurisdiction under article 227 of the constitution, in my opinion, the proper course is to only modify the operative order passed by the j.c.c. ..... however, in my opinion, the appropriate course is to first proceed with the hearing of the application exhibit-2 which is already ready for hearing. ..... during the course of hearing the counsel for the respondent no. .....