Judgment Search Results Home > Cases Phrase: the prohibition amendment act 1973 1 Page 1 of about 144,900 results (0.869 seconds)

T. Raghavan Nair Vs. Brij Mohan P. Sethi and ors.

Court : Mumbai

Reported in : 2003(2)ALLMR548; 2003(4)BomCR606; 2003(2)MhLj762

..... the leaned single judge inthe above said reported decision, has in fact followedthe said view of the division bench of this court tohold that the provisions of the amending act of 1987leaves no one in doubt that notwithstanding the factthat the cause of action has arisen on any day, allsub-tenancies created despite the prohibition before1.2.1973 stood legalized. ..... thakursheth lalsaheb tokeram : air1991bom207 has held that the effect of the various amendmentsmade by the amending act of 1987 was to legalize allsub-tenancies which had been created against theprohibition before 1.2.1973. ..... it is held thatirrespective of the termination of tenancy by notice toquit to the tenant, a person (obstructionist) inductedby such a tenant prior to 1.2.1973 could validlyobstruct the execution of decree intended against thetenant, by virtue of the amended provisions of the act.a fortiori, the petitioner is protected by virtue ofsub-section (2) of section 15 of the act as amended and,as the respondent no. ..... he,therefore, contends that there was a subsisting licencein favour of the petitioner on 1.2.1973, on account ofwhich the petitioner became protected licensee withinthe meaning of section 15a of the act; and by virtue ofsection-14(2) of the act, the petitioner would becomethe direct tenant of the respondent no. .....

Alankar Private Limited Vs. Cricket Club of India Ltd.

Court : Mumbai

..... section 15(1) prohibits any tenant to give on licence the whole or part of the premises after the date of commencement of the bombay rents, hotel and lodging house rates control (amendment) act, 1973. 19. mr. ..... section 13(1)(e) of the act can conveniently be divided into three parts, namely (i) that the tenant has, since the coming into operation of the act unlawfully sublet the whole or part of the premises, or (ii) after the date of commencement of the bombay rents, hotel and lodging house rates control (amendment) act, 1973 unlawfully given on licence the whole or part of the premises, (iii) or assigned or transferred in any other manner his interest therein. ..... after the amendment of section 13(1)(e), the landlord can obtain decree against the tenant on the ground that the tenant after the date of commencement of the bombay rents, hotel and lodging house rates control (amendment) act, 1973 has unlawfully given on licence the whole or part of the premises. 18. ..... (1) notwithstanding anything contained in any law, {but subject to any contract to the contrary}, it shall not be lawful after the coming into operation of this act for any tenant to sub-let the whole or any part of the premises let to him or to assign or transfer in any other manner his interest therein {and after the date of commencement of the bombay rents, hotel and lodging house rates control (amendment) act, 1973, for any tenant to give on licence the whole or part of such premises}:? .....

Goswami Shri Vallabhalalji Dwarkesh Lalji Maharaj, in His Personal Cap ...

Court : Mumbai

..... held under such leases or class of leases or the giving on licence any premises or class of premises and to such extent as may be specified ..... not be lawful after the coming into operation of this act for any tenant to sub-let the whole or any part of the premises let to him or to assign or transfer in any other manner his interest therein and after the date of commencement of the bombay rents, hotel and lodging rates (control) (amendment) act, 1973, for any tenant to give on licence the whole or part of such premises: provided that the state government may by notification in the official gazette, permit in any area the transfer of interest in premises ..... construing the provisions of amending act 18 of 1987, it was observed as follows: the language of the amending act in its various sections leaves one in no doubt that notwithstanding the fact that a cause of action has arisen on any day, all subtenancies created despite the prohibition before 1st of february, 1973 stood legalised. .....

Rib Tapes (India) Pvt. Ltd. and anr. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1986SC2014; 1986(26)ELT193(SC); 1986(2)SCALE367; (1986)4SCC185; [1986]3SCR697; 1986(2)LC694(SC)

..... section 111(m) as it stood before the amendment reads as under:any dutiable or prohibited goods which do not correspond in any material particular with the entry made under this act or in the case of baggage with the declaration made under section 77 in respect thereof.and after the amendment act 1973 this provision now reads like:any goods which do not correspond in respect of value or in any other particular with the entry made under this act or in the case of baggage with the declaration made under section 77 in respect thereof.it is therefore ..... clear that the word 'value' was ..... learned counsel contended that it was because of this decision that the amendment act 1973 was passed by the parliament and the term 'value' was inserted in section 111(m) of the act. .....

Lakhichand Punamchand Marwadi, Deceased by His Heirs - Sou. Pramilabi ...

Court : Mumbai

Reported in : AIR1991Bom207; 1990(3)BomCR511; 1991(1)MhLj34

..... as a result, subsection (2) of section 15 of the principal act stands amended as follows :--'15(2) the prohibition against the subletting of the whole or any part of the premises which have been let to any tenant, and against the assignment or transfer in any other manner of the interest of the tenant therein, contained in sub-section (1), shall, subject to the provisions of this sub-section, be deemed to have had no effect before the 1st day of february, 1973 in any area in which this act was in operation before such commencement;...'10. ..... section 14 of the amending act further provided for the-amendment of section 14 of the principal act, as a result of which section 14(1) after the amendment reads as follows :--'14(1) when the interest of a tenant of any premises is determined for any reason, any sub-tenant to whom the premises or any part thereof have been lawfully sublet before the 1st day of february, 1973 shall, subject to the provisions of this act, be deemed to become the tenant of the landlord on the same terms and conditions as he would have held from the tenant if the tenancy had continued.'9. ..... the language of the amending act in its various sections leaves one in no doubt that notwithstanding the fact that a cause of action has arisen on any day, all sub-tenancies created despite the prohibition before 1st of february, 1973 stood legalised. .....

T.U. Narayanan Vs. K. Pachlnayaki

Court : Chennai

Reported in : (1974)1MLJ161

..... . under the general clauses act, notwithstanding the repeal of section 25 of the act and the introduction of section 19 in the amendment act, 1973, no contrary intention appears in the amended section providing for an automatic cessation of jurisdiction in the district judge to deal with pending civil revision petitions before him filed as against orders passed by the appellate authority prior to 1st july, 1973 ..... . if the provisions of the amendment act of 1973 are only prospective in nature, then it is but regular to infer that the legislature did not want to disturb the prior state of affairs and in particular did not want to take away the jurisdiction of the district judge to deal with such revision petitions pending on his file on the 30th june, 1973 ..... ? the only possible reconciliation which could be had to surmount the above practical difficulties is to allow the continuance of pending proceedings before the district judges of districts as revisional authorities under the quondam provision of law to exercise their jurisdiction under it and deal with them as there is no prohibition in the amendment act enabling them to do so ..... . once a us has been properly entertained by a statutory authority, then it is that authority which ought to continue that proceeding, clear it and dispose of it unless expressly prohibited from doing so by a later enactment .....

Narendra Kumar Kochar Vs. Sind Maharashtra Co-operative Housing Societ ...

Court : Mumbai

Reported in : 1998(4)ALLMR563; 1998(4)BomCR638

..... the amended provision of section 15(2) reads as follows:'the prohibition against the sub-letting of the whole or any part of the premises which have been let to any tenant, and against the assignment or transfer in any other manner of the interest of the tenant therein, contained in sub-section (1), shall, subject to the provisions of this sub-section, be deemed to have had no effect before the 1st day of february 1973 in any area in which this act was in operation before such commencement; and accordingly, notwithstanding anything contained in any contract or in the judgment ..... it is no doubt true that by virtue of the amending act, the bar against creation of sub-tenancy provided under section 15(1) was removed in respect of sub-tenants inducted prior to 1st february, 1973 and, therefore, notwithstanding the prohibition contained in section 15(1), the sub-tenancies prior to 1st february, 1973 stands regularised. ..... , decree or order of a court, any such sub-lease, assignment or transfer of any such purported sub-lease, assignment or transfer in favour of any person who has entered into possession, despite the prohibition in sub-section (1), as purported sub-lease, assignee or transferee .....

Gordhandas Lalchnd Vs. Kubchand Tirthdas Tailor and ors.

Court : Mumbai

Reported in : 2004(4)ALLMR163; 2005(2)BomCR470; 2005(1)MhLj396

..... rates control (amendment) act, 1973, unlawfully given on license, the whole or part of the premises or assigned or transferred in any other manner) his interest therein; 29.section 25 of the amending act (maharashtra act 18 of 1987) is as follows:'nothing contained in the principal act, as amended by this act, shall be deemed to authorize the re-opening of any suit or proceedings for the eviction of any person from any premises to which the principal act applies as if such proceeding had been finally disposed of before the commencement of this act.explanation:for the purposes of this section, the suit or proceeding, as the case may be, shall ..... the language in the amending act in its various sections leaves one in no doubt that notwithstanding the fact that a cause of action arisen on any day, all sub-tenants created despite the prohibition before 1st february, 1973 stood legalised. .....

Soni Devrajbhai Babubhai Vs. State of Gujarat and Others

Court : Supreme Court of India

Reported in : AIR1991SC2173; 1992(40)BLJR286; 1991CriLJ3135; 1991(3)Crimes271(SC); II(1991)DMC392SC; (1992)1GLR189; JT1991(3)SC542; 1991(2)SCALE410; (1991)4SCC298; [1991]3SCR812

..... offence of 'dowry death' is proposed to, be included in the indian penal code and the necessary consequential amendments in the crpc, 1973 and in the indian evidence act, 1872 have also been proposed.accordingly by section 7 of the amendment act, section 8 of the dowry prohibition act, 1961 was amended to make every offence under this act non-bailable while continuing it to be non-compoundable. ..... , the dowry prohibition (amendment) act, 1986 ..... prohibition (amendment) act, ..... 1986) was enacted further to amend the dowry prohibition act, 1961 and to make certain necessary changes in the indian penal code, the crpc, 1973 and the indian evidence act, 1872.8. ..... the fact that the indian evidence act was so amended simultaneously with the insertion of section 304-b in the indian penal code by the same amendment act is another pointer in ..... inserted in the indian penal code by the criminal law (second amendment) act, 1983 (act no. ..... for eradication of this social evil, effective steps can be taken by the society itself and the social sanctions of the community can be more deterrent, yet legal sanctions in the form of its prohibition and punishment are some steps in that direction, the dowry prohibition act, 1961 was enacted for this purpsoe. ..... 1983) was an act further to amend the indian penal code, the crpc, 1973 and the indian evidence act, 1872. ..... 10, 11 and 12, amendments were made in the indian penal code, crpc, 1973 and the indian evidence act, 1872, as part of the same scheme as follows:10 .....

Bansidhar Das Vs. Duryodhan Majhi and ors.

Court : Orissa

Reported in : AIR1985Ori84

..... sub-section (1) prohibits transfer by sale, gift or by partition of any land after the commencement of theorissa land reforms (amendment) act, 1973 in case of person holding land in excess of the ceiling area. ..... the clear intention of the legislature in making provision under section 40(2) of the act is not to allow any suit for specific performance of contract for transfer of land within the period provided under the provision, to continue and not to allow any suit for specific performance of any contract for sale of land entered into before the commencement of the orissa land reforms (amendment) act, 1973 to be instituted. ..... on being given a literal meaning, the said provision applies to all cases of suits for specific performance of contract instituted between the period mentioned therein and also bars filing of any suit for specific performance entered into before the commencement of orissa land reforms (amendment) act, 1973 irrespective of whether it is in respect of surplus holder having land more than the ceiling area or not. ..... under the said provision, suit for specific performance of contract for transfer of land instituted after 26-9-1970 and before the commencement of the orissa land reforms (amendment) act, 1973 abates and no suit for specific performance of any such contract entered into before such commencement shall be maintainable. ..... thus according to the learned judge, the prohibition for alienation is there so that the provisions of the act will not be defeated. .....