Judgment Search Results Home > Cases Phrase: the pondicherry gaming act 1965 Court: mumbai Page 5 of about 2,611 results (0.212 seconds)

H. and R. Johnson (India) Ltd. and anr. Vs. the Municipal Commissioner ...

Court : Mumbai

Reported in : 1993(3)BomCR356

..... ' now it is true that this court would not ordinarily entertain a petition under article 226 of the constitution when the alternative remedy of appeal is available, but essentially the question is being one of discretion, we will proceed to examine the facts of the present case in order to see whether we should drive the petitioners to the civil court under section 406 of the bombay provincial municipal corporation act, 1965. ..... the respondents in their additional return filed at the time of hearing of this writ petition raised a preliminary objection to the maintainability of the petition pointing out that the petitioners had remedy of appeal under section 406 of the bombay provincial municipal corporation act, 1965, which has not been availed of before moving this court.6. ..... the government of maharashtra has framed rules called maharashtra municipalities (octroi) rules, 1968 under sub-section (2) of section 321 read with the proviso to sub-section (1) of section 105 of the maharashtra municipalities act, 1965. ..... every municipal council or corporation is entitled to levy octroi under section 105 of the maharashtra municipalities act, 1965. ..... apte also pointed out that in the said decision the division bench refused to entertain the writ petition even-though the same was admitted and was pending for nearly nine years and that the assessee was directed to adopt the remedy of the statutory appeal under the act. dr. .....

Godi Kamgar Griha Sanstha Ltd. and Bharat Infrastructure and Engineeri ...

Court : Mumbai

..... submissions, even if it is assumed that there is a defect qua the filing of the said dispute or the filing of the present writ petition, this court cannot lose sight of the fact that an affidavit dated 10th january, 2008 was filed before the co-operative appellate court on behalf of majority of members (approximately 90) inter alia confirming that they are in total agreement with the resolutions passed in the general body meetings and also the consequential acts done by the managing committee members and office bearers ..... )(supra) pertains to the removal of the president of municipality under the maharashtra municipalities act, 1965 (40 of 1965). ..... in the said case, the decision of the high court was set aside by the hon'ble supreme court because, under section 55-a of the said act only the state government can order the removal of the president of municipality. ..... vashi has submitted that unless the occupants of buildings 'a',' b' and 'f' vacate their respective tenements, the work pertaining to construction of building c-2 cannot commence, thereby forcing about 90 families to continue residing in dilapidated buildings and cause inconvenience to them on false and frivolous pretext that the developer has constructed two additional floors in building c-1 creating danger to the rcc structure of the building and that the developer has acted highhandedly without considering several defects in construction pointed out by the members. mr. .....

M/S.Monarch Erectors Pvt.Ltd. Vs. Bhiwandi Nizampur City Municipal Cor ...

Court : Mumbai

..... description, number, quantity, weight and measure of the goods, and where the octroi is leviable ad-valorem, to state the value of the ..... immediate export; (c) to present the application in form 3 in respect of the goods intended for temporary detention in the bonded warehouse, if any, maintained by the council and eventual export; (d) to make declaration in form 4 in respect of the goods intended for temporary detention with himself and eventual export; (e) to make declaration in form 5 in respect of the goods imported by, or on behalf of, any person, merchantile, firm or body, which has been permitted by the council to keep current account under section 142 of the maharashtra municipal councils act, 1965; (f) to give ..... . rule 3 of the rules provides that subject to the provisions of the maharashtra municipalities act, 1965 and the rules & byelaws made thereunder, the octroi shall be leviable in respect of several goods specified in schedule i .....

NitIn Nagorao Mohod and Others Vs. Amravati Municipal Corporation and ...

Court : Mumbai

Reported in : 1999(2)ALLMR463; 1999(2)BomCR1

..... the said system was appreciated by the government of maharashtra and, therefore, after carrying out the necessary amendments in the maharashtra municipalities act of 1965 by introduction of section 143-a, the system was introduced in the municipalities covered under the said act of 1965 by issuing various notifications under the said act. ..... as the definition of the 'act and rules' given in the tender incorporates the resolutions of the respondent-corporation, one of such resolutions is taking recourse to the government resolutions, issued under section 143-a of the maharashtra municipalities act of 1965. ..... however, for the first time, it was introduced by the respondent-corporation, the state government, in order to enable the municipal councils/ corporations in the state to introduce such system for collection of octroi, has introduced section 143-a in the maharashtra municipalities act, 1965 and issued certain guidelines for the same. ..... the respondent corporation has further contended that even though the government resolutions issued on 28th february, 1994 and 3rd march, 1995 under the maharashtra municipalities act, 1965 are not applicable to the respondent corporation, the respondent corporation has followed those government resolutions in letter and spirit by taking recourse to them. .....

Vasant Permanand Muley, Advocate Vs. Aurangabad Municipal Council, Thr ...

Court : Mumbai

Reported in : 2009(4)BomCR337; 2009(111)BomLR1204; 2009(4)MhLj771

..... the other hand the trial court so also the first appellate court have held that the notice issued at exh.86 was not under section 53 of the m.r.t.p.act, but it was under section 189 of the maharashtra act, 1965 and they refer to the subject mentioned in notice exh.86, which refers to the application filed by govindrao padalkar under section 193 of the maharashtra act, 1965 ..... the action was under section 189(8) of the maharashtra municipalities act, 1965, which is now titled as 'the maharashtra municipal councils, nagar panchayats and industrial townships act, 1965' (hereinafter referred to as 'the maharashtra act, 1965') ..... shri muley argued that under the provisions of the maharashtra act, 1965, the president was not authorised to regularize ..... cannot be said that notice exh.86 was under the maharashtra act, 1965 and the two courts below committed any error.16. ..... as power of president of municipal council is concerned, we may refer to section 58 of the maharashtra act, 1965 and section 58(1)(d) is as follows:58. ..... sections 179 and 189 of the maharashtra act, 1965. ..... in halsbury's laws of england, the policy of the limitation act is laid down as follows:the courts have expressed a least three different reasons supporting the existence of statutes of limitation, namely, (i) that long demand claims have been more of cruelty than justice in them, (ii) that a defendant might have lost the evidence to dispute the stated claim, (iii) that persons with good causes of actions should pursue them with .....

N.N. Khubchandani Vs. State of Maharashtra

Court : Mumbai

Reported in : 1988(4)BomCR139

..... although the affidavit in this connection is not very happily worded the purport of the statement after the aforesaid facts is to the effect that in the circumstances the government came to the view that it was not proper to approve the name of the petitioner as the vice-president for the second term since his appointment had been made by the said advani who had been removed as president by the government but had only obtained a stay of the order of removal. ..... section 51 of the maharashtra municipalities act, 1965 provides for the election of a president and co-option of councillors. ..... under clause (b) of sub-section (1) of section 51-a the president is to intimate the name of the vice-president appointed by him to the collector and the state government forthwith and also give intimation of the same to the councillors at the council meeting held immediately following such appointment.3. ..... section 51(a) which was subsequently introduced makes provision for appointment of a vice-president and it is provided that every municipal council governed by the act shall have a vice-president who is to be appointed by the president from amongst the elected or deemed to be elected councillors. ..... this however can not be taken to imply that either the president or the government exercising their powers under sub-section (1) or sub-section (2) respectively can act arbitrarily, capriciously or whimsically. .....

Municipal Council Vs. Shriram Saw Mill

Court : Mumbai

Reported in : 2007(1)ALLMR170; 2007(1)BomCR74

..... shall be excluded in computing the period ..... , entertain the appeal and may stay the recovery of the balance amount subject to the furnishing of a bank guarantee or adequate security in the prescribed manner to the satisfaction of the appellate authority:provided further that in the case of an appeal against any order which has to be communicated by the appropriate authority to the appellant, the period of sixty days shall commence from the date of receipt of the copy of the order by the appellant and in the case of an appeal against any other order made under this act, the time spent in obtaining the certified copy of the order ..... on the face of it, it appears to me that a strict view of clause (c) of section 170 of the maharashtra municipalities act, 1965 will require a assessee to deposit the amount of the bill in the municipal office and and not no other mode of payment. .....

Dina Dinshaw Merchant Vs. Dinshaw Ardeshir Merchant

Court : Mumbai

Reported in : AIR1970Bom341; (1970)72BOMLR41; ILR1969Bom1043; 1970MhLJ286

..... 'the period of three months is the result of legislative history to be found in the matrimonial causes act, 1965, and the matrimonial causes act, 1963. ..... (1) that in law the plaintiff could not rely upon the previous acts on the ground of estoppel and/or the principles to be found in section 11 and order 23, rule 1 of the code of civil procedure and (2) that the withdrawal was the result of such reconciliation as ended the previous separation and also the animus deserendi, the intention to bring cohabitation permanently to an end.12. ..... there is no dispute between the parties that suit no, 45 of 1959 was only for judicial separation; there is no dispute as regards the fact that the acts of cruelty alleged in that suit have been relied upon for the relief qf divorce claimed sn the present suit, as relief of divorce was not claimed in the previous suit, we are unable to hold that the present suit sg in respect of the subject-matter for which the previous suit had been instituted. ..... on the contrary, it appears from the summing up of the learned judge that the contention on behalf of the plaintiff was that the previous acts of cruelty alleged in the previous two suits revived as a result of the conduct of the defendant subsequent to the withdrawal of suit no. .....

Saikh Mahboob Saikh Omer Vs. Patna Gangadhar Mahalappa and ors.

Court : Mumbai

Reported in : 1987(2)BomCR37

..... the maharashtra municipalities act, 1965, which governs the constitution of the municipal councils, provides in section 9 that every council shall consists of councillors elected at ward elections; and shall also include councillors co-opted by the elected councillors in the prescribed manner from amongst persons who are entitled to vote at the municipal ..... bora, the learned advocate appearing in support of the petition, has taken me through the judgment of the learned additional district judge as well as through the relevant provisions of the act and the rules to which i have already made a ..... if one looks to the entire scheme of the act and the rules and the language used both by the legislature and the rule-making authority it is clear, says ..... the maharashtra municipalities election rules can be safely regarded as belonging to the family of the rules framed under the maharashtra municipalities act, to which the maharashtra municipal council (co-option of councillors) rules can also be said to ..... since the rule-making authority under the maharashtra municipalities act is the same, the fact that different language was used for presentation of nomination papers in two different situations necessarily must mean that different procedures were to be ..... after going through the provisions of the act and the rules, i am inclined to uphold this contention of ..... thereafter filed an election petition under section 21 of the maharashtra municipalities act, which was numbered as election petition no. .....

Prakashkumar Nemichand Parakh and Others Vs. Collector of Nashik and O ...

Court : Mumbai

Reported in : AIR1994Bom94; 1993(3)BomCR46; (1993)95BOMLR357

..... as the period of the standing committee and the subjects committees expired, the collector of nasik in exercise of powers under section 65 of the maharashtra municipalities act, 1965 (hereinafter referred as 'the act') convened a special meeting of the municipal council on 23rd december, 1992 for the purposes of (i) determining the number of members of the standing committee; (ii) determining the subjects committee or committees, if any, to be appointed, and the number of members of each such committee, and if more than one such committee are to be appointed, the subjects committee of which the vice-president shall be the ex officio chairman; (iii ..... ) holding elections to the standing committee and the subjects committee or committees; (iv) for electing the chairman of the subjects .....