Court : Mumbai
Decided on : Apr-11-1996
Reported in : 1996(4)BomCR209; (1996)98BOMLR159
..... that the enquiry was basically under the wild life (protection) act, 1972, the status of the land for which it is required was more important i.e. the utility of the land on the count of ecological, faunal ..... the operation of the provisions of section 21 of the wild life (protection) act. in the said proceedings, the sub-divisional officer observed that from august, 1975, the claimant was carrying on quarrying operations from an area admeasuring 60 acres and ..... the order passed by the sub-divisional officer, bombay suburban district on 12th february, 1992 in the proceedings under sections 19, 21, 23 and 24 of the wild life (protection) act, 1972. those proceedings were initiated in 1992. in that case, k.d. and company has claimed deletion of his land from survey no. 345-a from .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-05-1996
Reported in : (1997)99BOMLR434
..... the nature for its own sake.7. article 48-a in part iv(directive principles) brought by the constitution 42nd amendment act, 1976, enjoins that, the state shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country. article 47 further imposes the duty on the state to improve public health as its primary duty. article ..... in planning for economic development.18. our parliament has also enacted environment (protection) act, 1986, for the purpose of protecting and improving our environment. the act is clearly in harmony with our constitutional provisions which not only the amenities of the state to protect and improve environment and to safeguard the forests and wild life of the country but also held it to be the duty of .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-20-1996
Reported in : 1997(4)ALLMR397; 1997(4)BomCR271
..... pointed out by the learned advocate shri sonak, considering the scheme of the said act & the provisions contained in article 51-a of the constitution of india, it is the duty of every citizen of india to protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures. the provisions contained in section 149 of ..... learned counsel for the petitioners, it is the duty of every citizen to protect and improve the natural environment, including forest, lakes, rivers and wild lives and to have compassion for living creatures in terms of article 51-a of the constitution of india. the respondents having failed to act and to take appropriate steps to prevent cruelty to the animals and to .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-02-1996
Reported in : 1997(1)BomCR450
..... for eviction on ground of sub-letting passed against tenant-such decree confirmed in appeal but writ petition was pending. held, such tenant would be entitled to protection of amending act.'the facts of this case are entirely different from the facts of the instant case. in that case the suit was for eviction against the tenant under ..... the appellant-defendant was a licensee rather than a sub-tenant of the suit premises, evicted under section 13(1) of the rent act. a licensee is not entitle for any legal protection if his intention is proved not bona fide but to grab the property under the guise of leave and licence and he is liable ..... the head note reads thus :---'bombay rents, hotel and lodging house rates control act, 1947. section 13(1)(e) bombay rent, hotel and lodging house rates control act, 1986 (act xvii of 1987). section 25-eviction-protection under amending act- word 'proceeding' as used in section 25 of act 18 of 1987 is of wide amplitude. it will include in its import even .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-13-1996
Reported in : 1997(3)BomCR315
..... section 15-a of the bombay rent control act or whether such proceeding would be governed by section 28 of the rent control act. in paragraph 12 and 13 of the said report, apex court observed thus:' ..... impugned orders and the available material placed on record.10. it would be useful at the outset, to refer the relevant provisions of the rent control act. by maharashtra act no. viii of 1987 section 6 was further amended by inserting sub-section (4) and it was provided that notwithstanding anything contained in the foregoing ..... the rent control act.16. in sanwarmal kejriwal's case (supra), the apex court was dealing with the question : whether a licensee occupying a flat in a tenant co-partnership society can be evicted therefrom under sub-section (1) of section 91 of the maharashtra co-operative societies act, 1960, notwithstanding the protection extended by .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-18-1996
Reported in : [1997(75)FLR180]; (1998)IIILLJ231Bom
..... blocks. shri parikh in his report further mentioned that any leakage of glass from the dog house will be disastrous involving the risk of fire and loss of life. the report also showed that the throat of the furnace had practically disappeared. the backwall had also completely gone. port arch blocks had fallen down creating a ..... however, be pointed out that on behalf of the respondent-company, its counsel has pointed out that in fact an application under section 23 of the sick undertakings act had been made before the appropriate forum. the position since then has further deteriorated to which provisions of section 15 may be applicable. in the aforesaid circumstances, ..... any steps which a prudent management had to take avoid closure of business. this was done with a malafide intent purpose of closing down the respondent company. this act was brought about, as by 1991-92 neutral glass & allied works, a sister or associate company with same or more production capacity than the respondent-company .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-19-1996
Reported in : AIR1997Bom25; 1997(1)BomCR90; (1996)98BOMLR794
..... discussion the supreme court observed in paragraph 53 as under : 'we end here as we began on this topic. freedom of expression which is legitimate and constitutionally protected cannot be held to ransom by intolerant group of people. the fundamental freedom under article 19(1)(a) can be reasonable restricted only for the purpose mentioned in ..... we must practice tolerance to the views of others. intolerance is as much dangerous to democracy as to the person himself'.12. more recently in the case of life insurance corporation of india v. manubhai d. shah, : [1992]3scr595 the supreme court was considering the question whether refusal of the doordarshan to exhibit documentary based on ..... to restrain the screening of the serial 'tamas' on the ground that it violated articles 21 and 25 of the constitution and section 5b of the cinematograph act. based on the novel of bhisma sahni this serial depicted the events that took place in lahore immediately before the partition of the country. two judges of .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-20-1996
Reported in : 1997(1)BomCR83; (1996)98BOMLR154
..... alia, that they were tenants of the applicants within the meaning of the bombay rents, hotel and lodging house rates control act, 1947 (bombay act lvii of 1947) and in consequences thereof entitled to the protection of that act. 2. after the issues were framed by the court, the original applicants (respondents herein) filed an application on 5th october ..... meaning of the bombay rents, hotel and lodging house rates control act, 1947, (bom. lvii of 1947) and in consequence whereof he is entitled to the protection of that act, and if such claim is not admitted by the applicant, then notwithstanding anything contained in that act, the question shall be decided by the small cause court as ..... and pending on the date of coming into force of the above amendment act are concerned. i am, therefore, of the clear opinion that the courts below were fully justified in holding that the question of tenancy and protection under the rent control act in the present case has to be decided as a preliminary issue .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-23-1996
Reported in : 1996(3)BomCR528; 1996CriLJ2476
..... exchequer of the maharashtra state and you thereby committed an offence punishable under s. 5(1)(d) read with s. 5(2) of the prevention of corruption act, 1947, and within my cognizance; thirdly - that you abdul rehman antulay during your tenure as chief minister, fraudulently and dishonestly induced the cabinet, the maharashtra ..... order of the high court. the charity commissioner while deciding the question regarding the registration of these six trusts will follow the procedure laid down under the act and where permissible the procedure under the code of civil procedure in regard to summoning of witnesses, calling for documents, etc. the enquiry will be ..... directing the 12th respondent to forthwith withdraw and cancel the said registration certificate granted to the 3rd respondent trust under the provisions of the bombay public trusts act, 1950 and to take over all the assets including bank balances and other investments of and made by the respondent no. 3 and supervise the repayment .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-10-1996
Reported in : 1997(1)BomCR652
..... is not used because of interim order passed by this court on 16th march, 1992. interim relief is granted having regard to the provisions of environment (protection) act, 1986 and the notification issued therein.re : contention of applicability of crz-i and/or crz-ii7. in the present case it has been pointed out ..... produced various photographs before the court, which establish that the construction is on the existing road or footpath.8. it should be noted that to protect the ecological balance in the coastal areas the central government has issued notification dated 19th february, 1991. the said notification is issued in exercise of the ..... national parks/marine parks, sanctuaries, reserve forests, wildlife habitats, mangroves, corals/coral reefs, areas close to breeding and spawning grounds of fish and other marine life, areas of outstanding natural beauty/historical heritage areas. areas rich in genetic diversity, areas likely to be inundated due to rise in sea level consequent upon global .....
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