Court : Mumbai
Reported in : AIR1984Bom325
..... thereafter the west bengal estates acquisition (amendment) act, 1967 (for short west bengal amendment act) act, 2967 impugned in the calcutta case was passed by which the period of 9 year was extended to 12 ..... the calcutta case, cited supra, the amending act, which was challenged is not having received the assent of the president , related to the west bengal estates acquisition act, 1953 (for short original west bengal act). ..... if, therefore, came to the conclusion that the west bengal amendment act is a law relating to acquisition is referred to in ..... any rate, it is not necessary to go into that decision because the court holds in that case, that the west bengal amending act in question in that court case is inextricably connected with the law of acquisition because the amount as well as the persons entitled thereof depend upon the entry in the record of right for revising which the period mentioned is extended by the impugned amending act. ..... state of west bengal : air1977cal73 to show that such an amending act is not procedural in nature but is a law dealing with or inextricably connected with the law relating to ..... of 1961, containing the revisional power in section 45 thereof is passed on 16-6-1961 and it is not in dispute that the said act has received the assent of the president sub-section (2) and (3) of section 45 were substituted for the original sub-section (2) of section 45 of the maharashtra act no 32 of 1965 vide section 4, which was assented to by the president. .....
Tag this Judgment!Court : Mumbai
Reported in : [1975]45CompCas91(Bom)
..... in that case the state government was given the right under section 5(1) of the west bengal special courts act (x of 1950) to transfer any particular case relating to any offence alleged to have been committed by any accused to ..... has proceeded on the assumption that they may be treated as quasi-judicial and found, in view of the case law then available in 1965 and february, 1966, when the judgment was delivered, that observance of principles of natural justice was enough before an order like the impugned ..... on the basis of that show-cause notice, the appellant-company made its own representations by a letter dated march 12, 1965, and made out its own grounds for not making the proposed changes in the sole selling agency agreement. ..... that if this rebate was not payable to the appellant-company between the periods 1959-60 to 1965 there would have been to that extent an improvement in the financial position of the company. ..... , they were heard and all that was said in writing by them as also orally at the hearing dated april 9, 1965, was considered along with the written and oral representations of respondent no. ..... , it appears from the leadings of the parties that the company law board fixed 9th april, 1965, as the date for personal hearing and also informed respondent no. ..... 5-company also gave its own reply dated march 13, 1965, and the reply in part creates an impression that they have not much objection to the changes being effected to the conditions of the agreement and in part, very .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1972Bom254; (1972)74BOMLR22
..... legislation challenged in that case to guide the exercise of discretion by the government and all that was relied upon as indicative of a guiding principle for selection was the object disclosed in the preamble of the west bengal act, of providing for the speedier trial of certain offences and it was for that reason that it was held to be too indefinite and vague to constitute a reasonable basis for classification.21.in asgarali nazarali singaporewalla v. ..... 1101 of 1965 d/- 4-4-1967 (reported in : [1967]3scr399 ) in which the supreme court expressed its opinion about classification by referring to the preamble and the statement of objects and reasons of the act.26.the conclusion to be drawn from these cases is that when a legislation vests discretion in the nature of an option in an authority it would not amount to discrimination if there exist principles which would guide that authority in the ..... 1101 of 1965 d/- 4-4-1967 (reported in : [1967]3scr399 ) the supreme court has reiterated that the two tests for a valid classification are that it must be founded on an intelligible differentia which distinguishes those who are grouped together from the others and that that differentia must have a rational relation to the objects sought to be achieved by the act and that when, therefore an enactment is challenged on the ground of discrimination, the court ..... 1101 of 1965, which was decided by the supreme court by its judgment dated 4-4-1967 (reported in : [1967]3scr399 ), which judgment .....
Tag this Judgment!Court : Mumbai
Reported in : 1988(4)BomCR3; 1988MhLJ998
..... it was contended before the calcutta high court that in view of the petroleum act 1934 only a licence under the rules framed by the petroleum act was necessary and it was not open to the west bengal government to prescribe that a licence should also be obtained from the director, west bengal fire services. ..... hence the calcutta high court held that even if some provisions of the petroleum act and the west bengal fire services act overlapped, there was no repugnancy between the two acts.20. ..... held that the west bengal act served a different purpose and its subject matter was not the same as the petroleum act. ..... under this act a licence was required from the director, west bengal fire services for storage of ..... the west bengal act was within the legislative competence of the state ..... that case the west bengal legislature enacted fire services act of 1950. ..... the respondents are restrained from asking the dealers of the said products to take out a licence under section 394 of the bombay municipal corporation act for the storage of petrol and high speed diesel in quantities exceeding 6 gallons and 500 gallons respectively and are directed to forbear from taking any action against the dealers of petitioners 1 to 4 in such cases. ..... the director, west bengal fire services and others, reported in : air1960cal219 ..... the state of maharashtra, reported in : (1965)67bomlr484 , a division bench of this high court was required to consider the vires of section 394 of the bombay municipal corporation act, 1888. .....
Tag this Judgment!Court : Mumbai
Reported in : (1979)11CTR(Bom)298; [1980]122ITR735(Bom); [1979]1TAXMAN552(Bom)
..... 52 of the west bengal estates acquisition act, and it was observed that this section uses the familiar drafting device and to save repetitions provided that certain chapters of the act would apply to raiyats and under-raiyats with necessary modifications and ..... any agreement entered into, appointment made, approval given, recognition granted, direction, instruction, notification, order or rule issued under any provision of the repealed act shall, so far as it is not inconsistent with the corresponding provision of this act, be deemed to have been entered into, made, granted, given or issued under the corresponding provision aforesaid and shall continue in force accordingly.' 17. ..... state of west bengal, : air1964cal552 , ..... 250, 254, 260, 262, 263 or 264 the court should read or the equivalent provisions under the act of 1922 ' it was submitted that this had been done by the calcutta high court and the allahabad high court which had applied the principle enunciated by the supreme ..... day of march, 1940, - (i) a notice under section 34 of the repealed act had been issued before the commencement of this act, the proceedings in pursuance of such notice may be continued and disposed of as if this act had not been passed; (ii) any income chargeable to tax had escaped assessment within the meaning of that expression in section 147 and no proceeding under section 34 of the repealed act in respect of any such income are pending at the commencement of this ..... case : [1965]57itr285(bom) ..... : [1965]57itr285 .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2004Bom38; (2004)1BOMLR833; [2003]117CompCas506(Bom)
..... in that case, the court was required to consider whether the amendment in the west bengal premises tenancy act, 1956, made in the year 1969, retrospectively prohibiting the new landlord who had purchased the premises, from filing of a suit on the ground that the premises were required for the ..... of directors of the company shall continue to manage the company's affairs in all respects : provided that should the jpls consider at any time that the board of directors of the company is not acting in the best interests of the company and creditors of the company and the creditors of enron group, the jpls shall have the power to report the same to this court and seek such directions ..... decision of the supreme court in shanti prasad jain's case : [1965]2scr720 and the decision of the delhi high court in suresh kumar ..... : [1965]2scr720 quoted (page 242 of 54 comp cas): 'there must be continuous acts on the part of the majority shareholders, continuing up to the date of the petition, showing that the affairs of the company were being conducted in a manner oppressive ..... in kalinga tubes' case : [1965]2scr720 the supreme court observed (at page 366 of comp cas) :'it must further be shown that the conduct of majority shareholders was oppressive to the minority as members and this requires that events ..... : [1965]2scr720 the supreme court observed (page 366) :'as has already been indicated, it is not enough to show that there is just and equitable cause for winding up of the company, though that ..... 1965 .....
Tag this Judgment!Court : Mumbai
Reported in : 1987(1)BomCR130
..... the validity of section 5 of the west bengal special courts act. ..... was enacted with such adjustments and modification as exigencies may demand but not so as to leave the mere husk of a popular rule, section 4 of the constitution (fourteenth amendment) act, 1962, by inserting article 239-a in the constitution has not, in any manner, gone against that broad form of democracy as was known to our nation when the constitution was enacted. ..... to which we have to address ourselves is, however different, for what falls for our determination is whether article 239-a inserted in the constitution by the constitution (fourteenth amendment) act, 1962 abrogates that democratic form of government or is susceptible of causing such abrogation inasmuch as it enables the parliament to create in the union territories specified therein legislative bodies ..... has made it clear that the rule inhibiting arbitrary action by the government flows directly from the doctrine of equality embodied in article 14 and that the state cannot act arbitrarily in entering into relationship, contractual or otherwise with a third party, but its actions must conform to some standard or norm which is rational and non- ..... government of india, ministry of home affairs, on behalf of respondents 1 and 2, it is stated that under sub-section (3) of section 3 of the act, the central government may nominate not more than three persons, not being persons in the service of government, to be members of the legislative assembly of a ..... 1965 .....
Tag this Judgment!Court : Mumbai
Reported in : 1992(1)BomCR35; (1990)92BOMLR533
..... anita pan, : [1975]2scr774 while upholding the prospective operation of an amendment in west bengal premises tenancy act had mentioned of shocking scarcity of accommodation and the problem of social justice which compelled the enactment and the control of ..... 1940 or date of first letting of the premises was bad, clauses (a) to (d) of section 11 of the bombay rents, hotel and lodging house rates control act, 1947 should be also struck down at the same time maintaining as valid the opening words of section 11(1), clauses (d-1) and (e) of the act: so that when either the landlord or the tenant approaches the court for fixation of standard rent the court would be in a position, under opening words of ..... to any premises means :'(a) where the standard rent is fixed by the court and the controller respectively under the bombay rent restriction act, 1939, or the bombay rents, hotel rates and lodging house rates (control) act, 1944, such standard rent; or(b) when the standard rent is not so fixed, subject to the provisions of section 11,(i) the rent at which the premises were let on the first day of september 1940 ..... atul setalvad, the learned counsel for the petitioners, has submitted that the bombay rents, hotel and lodging houses rates control act, 1947, was enacted with the threefold object of protection of tenants against their unreasonable eviction and demands for extortionate rent and to safeguard the legitimate interests of the landlords so as to ensure ..... reported in 67 (1965) bom.l.r. .....
Tag this Judgment!Court : Mumbai
Reported in : (1972)74BOMLR391
..... the supreme court found that the procedure prescribed for trial by the west bengal tribunals of criminal jurisdiction act was more prejudicial to the accused than that under the criminal procedure code, but the discrimination resulting from this difference did not amount to ..... are of various types, they cannot be similar to one another and complications are introduced by widespread activities to be dealt with by the statute and by the very nature of the subject-matter dealt with by the act, if the statute confers certain discretion on some officer or appropriate authority and leaves it to such officer or authority to determine how that discretion should be exercised, such statute cannot be held to be invalid on ..... and with intent to defraud general such person shallthe government of any duty payable thereon, or to evade any on conviction beprohibition or restriction for the time being in force under or by fore a magistratevirtue of this act with respect thereto acquires possession of, be liable to im-or is in any way concerned in carrying, removing, depositing, presentment forharbouring, keeping or concealing or in any manner dealing with any term not ex-any goods which ..... in this case, validity of section 4 of west bengal criminal law amendment (special courts) act (21 of 1949) was challenged on the ground that it was discriminatory, as it conferred unfettered discretion on the provincial government to choose any particular case against a person alleged to have committed ..... 1965 ..... 1965 .....
Tag this Judgment!Court : Mumbai
Reported in : [1971]41CompCas377(Bom); [1971]41ITR377(Bom)
..... for several government companies and, therefore, was a holder of offices of profit both under the government of india and the government of west bengal and was accordingly disqualified from standing in the election under article 102 of the constitution. ..... tulsidas and ramdas were directors and members of the private company, section 314 applied to the appointment of the private company as sole selling agents under section 189(2) of the companies act, 1956, a resolution is a special resolution when, inter alia, the intention to propose the resolution as a special resolution has been duly specified in the notice calling the ..... by the companies (amendment) act, 1965 (31 of 1965), in order to obviate the difficulties which might arise from this stringent restriction, the word 'previous' was deleted and ..... the companies (amendment) act, 1965, a corresponding amendment has not been made in article 183 though several other articles in the articles of association of the company were amended in view of the amendments made by the amending act of 1965. ..... 1965, the company law board intimated to the company that after careful consideration of the information furnished by the company it appeared to the company law board that the terms of appointment of the company's sole selling agents were prejudicial to the interest of the company and the company was required to show cause why the company law board should not, in exercise of the powers conferred upon it under section 294(5)(c) of the company act .....
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