Judgment Search Results Home > Cases Phrase: the prohibition amendment act 1973 1 Court: mumbai Page 1 of about 10,950 results (0.169 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}:? .....

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 .....

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. .....

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. .....

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. .....

Shri Vasant Bhaskar Parulkar and ors. Vs. Shri Mahesh Shivram Rege

Court : Mumbai

Reported in : 2007(4)ALLMR446; 2007(4)BomCR39; 2007(5)MhLj674

..... section 2 of section 15 of the original act as substituted by the amendment reads thus:(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 subsection (1), shall, subject to the provisions of this subsection 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, ..... . sub section (2) of section 15 of the bombay rent act as amended specifically lays down that the prohibition against subletting or assignment or transfer by a tenant of his interest in the tenanted premises contained in sub section (1) shall not be deemed to have any effect before the 1st day of february 1973, in any area in which the bombay rent act was in operation before such commencement ..... . the bombay rent act was further amended by the bombay rents, hotel and lodging house rates control (amendment) act, 1973 (maharashtra act no ..... . the prohibition against the transfer of tenancy rights contained in section 15 of the bombay rent act as it stood in the year 1955 was retrospectively removed by amendments made to the bombay rent act by bombay act no.49 of 1959 .....

Mohmad Yusuf Ansari Since Deceased by His Heirs Vs. G.M. SharfuddIn an ...

Court : Mumbai

Reported in : 2005(1)ALLMR252; 2005(1)BomCR373; (2005)107BOMLR741; 2004(4)MhLj884

..... under amended sub-section(2) of section 15, the prohibition against subletting is deemed to have had no effect before 1st february 1973. ..... (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 sub-let before 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 ..... where the interest of a a licensor, who is a tenant of any premises is determined for any reason, the licensee, who by section 15a is deemed to be a tenant, shall, subject to the provisions of this act, be deemed to become the tenant of the landlord, on the terms and conditions of the agreement consistent with the provisions of this act.when a tenancy of a tenant is terminated, the subtenant becomes a direct tenant of the landlord. ..... the provisions of the bombay rents, hotel lodging house rates control act, 1947 (for short 'the act') were amended by maharashtra act no ..... 14 of the act as amended by maharashtra act no. ..... as stated earlier, the sub-tenancy in the present case has been created admittedly prior to 1st february 1973 and therefore, no decree for eviction could be passed against the petitioner on the ground of subletting.4 ..... stood terminated by the judgment of the trial court on 30th june 1984, the petitioner would become the direct tenant of the respondent no. .....

Munawar Khan HusseIn Khan Since Deceased by His Heirs Ibrahim Munawar ...

Court : Mumbai

Reported in : 2004(1)ALLMR466; 2004(3)BomCR391; 2003(4)MhLj679a

..... sub-section (2) of section 15 of the bombay rent act 1947 as it stood prior to its amendment by maharashtra act no 18 of 1987 is quoted below:'(2) 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 commencement of the bombay rents, hotel and lodging house rates control (amendment) ordinance, 1959 ..... 18 of 1987 by which the prohibition against subletting has been retrospectively removed upto 1st february 1973. ..... if the amendments are not applicable the petitioners who are subtenants inducted before the year 1973 would be liable to be evicted, but if the amendments are applicable they would be protected by virtue of maharashtra act no. ..... tenant who has sub-let any premises or part thereof, assigned or transferred any interest therein, shall not be liable to eviction under clause (e) of sub-section (1) of section 13.the emphasised words 'before the commencement of bombay rents, hotel and lodging house rates control (amendment) ordinance 1959' appearing in sub-section (2) were replaced by the words 'before 1st day of february 1973' and the other underlined words 'at the commencement of the said ordinance' were replaced by the words 'on the date aforesaid' by the amendment of 1987. .....

Ajay Industrial Corporation Vs. Commissioner of Customs (Export

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... (vi) section 111(m) as it stood prior to amendment by act 36 of 1973 read 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.in rib tapes (india) pvt. ..... section 111(m) as it stood after 1973.7. ..... the parity of reasoning which weighed with the supreme court to hold that incorrect declaration of value in the bill of entry would not be covered by the expression "goods which do not correspond to material particulars with the entry made under this act" employed in unamended section 111(m) as it stood pre 1973, incorrect mention of particulars relating to the date of bill of lading would also not be covered by the expression "goods which do not correspond in any other particular with the entry made under this act" employed in amended .....