Court : Gujarat
Reported in : (1963)4GLR105
..... question depends upon the interpretation of sub-section (1) of section 161 of the act which is as follows:the municipality may direct any prosecution for any public nuisance whatever and may order proceedings to be taken for the recovery of any penalties and for the punishment of any persons offending against the provisions of this act or of any by-law thereunder and may order the expenses of such prosecutions or other proceedings to be paid out of the municipal fund:provided that no prosecution for an offence under this act or any by-law framed thereunder ..... it may be that the legislature thought that under the general law the municipality cannot have spent any part of its fund for the purpose of prosecuting persons for municipal offences and therefore the legislature thought it proper to confer in one and the same section the power both to prosecute and to incur expenditure from out of municipal funds in the conduct of such prosecutions the second case to which reference is made in - in re motilal 32 bombay law reporter 1502 is ashutosh ganguli v. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(6)ALD376; 2000(6)ALT551
..... order dated 30-9-1994 that such an exemption certificate under the said act was not necessary and directed the respondents to consider the application.however, when the application of the petitioner for sanction of lay out was considered by the concerned authorities in the light of the judgment in wp no.4250 of 1994, the said application was returnedby order dated 15-3-1995 staling that the land in question was classified as class-c of class-a1 and that in the revenue records, the land was shown as 'sarkari abadi' and appeared to be defence owned lands as per ..... by 1853 treaty both british government and nizam confirmed all theearlier treaties and it was agreed that the services of the subsidiary force and the contingent were to be placed at the disposal of the british government in time of war. ..... he also relied upon a decision of the bombay high court in shiolalsing gannusingh rajput v. ..... the bombay high court on this proposition held as follows:'both the courts have realised the dubious nature of the evidence of this witness. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2004)187CTR(SC)219; [2004]266ITR721(SC); JT2004(1)SC375; 2004(1)SCALE425; (2004)10SCC201
..... . in case of tea, it is also not concerned with the productivequalities of the land and(c) the levy is not based on the land as a unit.it must be noticed that the definition of coal bearing land or the teaestate and/or tea is the same in both the state acts and the central acts.the impugned levy is entirely dependent upon the production of mineralextracted or production of tea leaves which vary from mine to mine orgarden to garden or location to location and from year to year.in the case of coal, the levy varies with the production of mineralwithout any bearing on the surface land as such ..... . the impugned acts do not show that as tohow bricks manufactured from the agricultural land by extracting brick-earth have a rational connection with the annual value of the land.measure of tax is an indicia for determining the character and natureof tax.furthermore whether an impost would be tax on 'income' or 'grossreceipts' fell for consideration before the bombay high court in unit trustof india and anr. v. p.k ..... . the title to as well the act of 1842 as that of 1853 is "an act forgranting to her majesty duties on profits arising from property,professions, trades, and offices .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(6)BomCR574; (2005)107BOMLR337; (2006)4CompLJ117(Bom)
..... to the plain meaning thereof, and is otherwise untenable, and would not be accepted by this hon'ble court.ii) the amendment, so construed, changes the character of the development plan, and renders the amendment beyond the scope and ambit of section 37 of the mrtp act (as set out hereunder) and ultra vires the said provision.iii) the amendment, so construed, is also contrary to the legislative policy of the mrtp act, and is ultra vires the provisions of the said act.iv) the amendment, so construed, is also contrary to and violative of articles 21 and 48a of the constitution, as also the environment law of the country (as set out hereinabove).v) the amendment ..... prabhat mandal - (1986) 1 scc 100, wherein the hon'ble supreme court, whilst considering a case arising under the mrtp act and relating to the development control rules for greater bombay, 1967 (the precursor of the development control regulations, 1991) held that the meaning of the word 'change' is to make or become different, to transform or convert. ..... we shall need power to reserve suitable areas for factories, where they will have everything convenience for their work and cause the minimum of nuisance to their neighbours. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(4)ALLMR72; 2008(3)BomCR516; (2008)110BOMLR1555
..... : air2003sc300 , the court in a case where a tea stall for which the structure was put on the street and subsequently extended and it had permitted the structure from a 10 x 9 feet, the area was extended and the structure which was occupied on part of the land and where the workers of tea stall baked and washed utensils, the supreme court clearly stated that in view of the provisions of section 313 of the bombay municipal corporation act was a nuisance and the permission having been obtained by misrepresentation was vitiated. ..... on a careful consideration of the approach and methodology of the construction adopted by the high court, we are of the view that serious infirmity was allowed to be crept into the process due to unwarranted and unjust dissection of section 328(3) of the act and import into the words meanings totally uncalled for and beyond their context, defeating to a great extent the very purpose and aim of enactment of the provision by the legislature. ..... the corporation claims that it has power under sections 313 and 314 of the act to remove vehicles if they are causing public inconvenience and the police has to only exercise regulatory powers in terms of section 33 of the bombay police act and they cannot otherwise interfere with the contract.10. ..... chapter iv of bombay police act places the statutory obligation upon the commissioner to regulate traffic and to preserve order in public places and also empowers him to make rules in that regard. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1981SC2198; 1981CriLJ1835; 1981(3)SCALE1707; (1982)1SCC71; [1982]1SCR1077
..... act 25 of 1964) and according to the law commission the allocation under the bombay and punjab schemes proceeded on the basis that powers other than those of trial of offences should be left to the executive magistrates even where recording and sifting of evidence and a decision thereon were required and this was brought about by making the requisite amendments in certain sections of the code including section 144 while under the madras scheme matters involve the recording and sifting of evidence were strictly within the purview of the judicial magistrates but concurrent jurisdiction ..... that the position under the 1898 code, wherein separation between the judicial functions and executive or' administrative functions of magistrates did not obtain, was quite different and the power to act in urgent cases of nuisance and apprehended danger to public tranquility under section 144 of the code had been conferred on 'district magistrates, chief presidency magistrates, sub-divisional magistrates, or other magistrates specially empowered by the state government' and it was in those circumstances that the view prevailed in the decisions of several high courts that the order .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC1272; (1986)88BOMLR432; 1986(1)SCALE681; 1986Supp(1)SCC401; [1986]1SCR731; 1986(2)LC319(SC)
..... -and to the end that the court of requests and the court of quarter sessions, erected and established at bombay aforesaid, and the justices and other magistrates appointed for the town and island of bombay, and the factories subordinate thereto, may better the ends of their respective institutions, and act conformably to law and justice, it is our further will and pleasure and we do hereby further grant, ordain, and establish that all and every the said courts and magistrates shall be subject to the order and control of the said supreme court of judicature at bombay, in such sort, manner, and form, as the inferior courts and magistrates of and in that part ..... -tax, under the said act of 1823, bombay rupees 52,500 was fixed as the annual salary of the chief justice of the supreme court of judicature at bombay and bombay rupees 43,500 as the annual salary of each of the puisne judges which salaries were increased by the indian salaries and pensions act, 1825 (6 geo.iv, c.85) with retrospective effect from the date of the inauguration of the said supreme court up to the date of passing of the said act (namely, july 15, 1825) to bombay rupees 58,000 and bombay rupees 48,000 respectively and from the date of the passing of the said act to bombay rupees 60,000 and bombay rupees 50,000 respectively ..... the government of india act of 1853 (16 & 17 vict. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1973All596
..... the letters patent of the calcutta, madras, bombay and allahabad high courts were amended by amending letters patent--clause 44 (allahabad 35) in 1919 and clause 15 (allahabad 10) in 1928--and not under any act made in exercise of the legislative powers exercisable under the government of india act, 1915. ..... an essential part of this scheme was that judgments, other than those which were excepted passed by one judge of the high court would be amenable to appeal to the high court, and clause 15 of the letters patent of the calcutta, bombay and madras high courts and clause 10 of the allahabad high court formed integral part of the very structure of the high courts as so erected and established courts of law are not and cannot be of spontaneous origin. ..... the manifest intention behind and the definite purpose of the act was to establish high courts by charters containing (to quote and words of the secretary of state in the despatch dated may 14, 1853) 'everything requisite for enabling the courts to proceed at once to the discharge of its important duties', and permanently fixing the jurisdiction and authority of the said courts.151. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP151
..... to purchase the collective share of brijlal and bilasrai as representing the bombay firm and that, therefore, he had no right or authority to sell two and half annas share out of the said collective share of five annas to the plaintiff without the consent or authority of the other partners both of the bombay as well as of the indore firms; that the agreement did not constitute a valid, binding and a complete agreement and was not intended to be acted upon and never came into operation and effect; and that the suit was barred by limitation.the other pleas of the defendants which ..... proved definitely that the offer of the two and half annas share was in the nature of a bribe, it certainly had a tendency to create a conflict between the duty of the plaintiff as a member of the enquiry committee appointed by the board of directors to investigate into the charges against govindram and the interest he was to acquire in the firm of the managing agents as a partner by the transfer of two and half annas share in the partnership to him and therefore the contract was against public policy and as such void under section 23 of the contract act.the learned judges of the division bench held ..... (1853) 4 hlc 1 at p. .....
Tag this Judgment!Court : Delhi
Reported in : 1999VAD(Delhi)792; 81(1999)DLT742; 1999(51)DRJ614
..... , coal, gold washing, earth oils, stone, gravel and queries in or under the said land to be used for construction and development of the community centre at pinjrapole (andrews ganj), new delhi, and full right and power of all times to enter on the said demised premises and to do all acts things which may be necessary or expedient for the purpose of searching for working, obtaining, removing and enjoying the same, without providing or leaving any vertical support for the surface of the said land or for any building for ..... the lessee and all other persons claiming title through him shall not use or cause to be used the said premises or part thereof for the purpose whatsoever other than that as specified herein and not use or cause to be used any portion or the unit in such a manner which may or is likely to cause nuisance or annoyance to the neighbours or occupies of any other units in the buildings or to the owners and occupiers of any other adjoining and neighbouring property. ..... jain on the decision of supreme court in the case of municipal corporation of greater bombay v. .....
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