Court : Mumbai
Reported in : AIR1965Bom224; (1965)67BOMLR101; ILR1965Bom394; 1965MhLJ290
..... local act. act viii of 1958 viz. the bombay commissioner of divisions act, 1957. this act was already in force since 1958 it was brought into force in order to provide for the offices of the commissioners of divisions in the state of bombay and prescribing their powers and duties and to make ancillary provisions consequent upon a policy decision to resuscitate the office of divisional commissioner ..... there is obviously no question here 'of some funds controlled or managed by the local authority'. now if a notification is issued by a public officer declaring that there exists a public purpose, it seems to us that implicit in that declaration must be ..... refer to the maharashtra industrial development corporation and the law under which it was established.(18) the maharashtra industrial development act, 1961 (act iii of 1962) was brought into force on the 1st of march 1962. it applies to the whole of the state of maharashtra but sub-section (3) of section 1 thereof provides that chapter vi ..... . a plot of land was sought to be acquired, because it was required by the state transport corporation for constructing offices and other buildings by that corporation. the notification there no doubt stated that it was to be acquired for the ..... correspondence with the inspector of explosives of the government of india and a letter to the director of the petitioner was proposing to shift his existing explosives factory to the site in dispute and after protracted negotiations, the government of india .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1970SC1188; (1971)73BOMLR31; (1970)GLR722; (1970)0GLR70; (1969)3SCC456; 2SCR908
..... officer duly authorized to certify its orders....the legislature of the state of bombay enacted the commissioners of divisions act 8 of 1958. by section 3 of that act it was provided :(1) for the purposes of constituting offices of commissioners of divisions and conferring powers and imposing duties on commissioners ..... existence and the commissioner competent to issue the notification under section 6 had issued that notification. the authority of the commissioner of the state of gujarat to issue the notification under section 6 not being open to challenge, there is nothing in the land acquisition act or the commissioners of divisions act, which requires that to invest the notification under section 6 with validity, the commissioner ..... sections 3(3) and 3(4) of the commissioners of divisions act 8 of 1958 constituted excessive delegation of legislative power to the state government result-ting in abdication of the functions of the state legislature, and were on that account invalid. this court has in arnold rodricks and anr. v. state of maharashtra ..... . by section 4 of the land acquisition act, as amended by the adaptation of laws order, 1950, it was enacted that whenever it appears to-the appropriate government that land in any locality is needed ..... section 4 of the land acquisition act does not refer to any purpose of the ahmedabad municipal corporation, nor is the acquisition for a purpose for which the commissioner is required by the provisions of the provincial municipal corporations act .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1966SC1788; 1967MhLJ1(SC); 3SCR885
..... act, any legal proceedings are pending to which a divisional officer or director of local authorities is a party, the commissioner shall be substituted for the divisional officer or the director of local authorities in the said proceedings. 6. subject to the provisions made in the schedule, all existing laws shall, unless the context otherwise requires, be construed as if references therein to the divisional officer or, as the case may be, to the director of local authorities were references to the commissioner ..... under s. 3(4) of bombay commissioners of divisions act, 1957 (bombay act 8 of 1958) - which for the sake of brevity will be referred to as the commissioners act. the notification had amended section 3a, 4, 5a, 6, 7 and 17 of the act as follows : '1. in section 3a, (i) after the words ..... section 4 repeals the bombay commissioners (abolition of office) act, 1950, and the central provinces and berar commissioners (construction of references) act, 1948. the bombay commissioners (abolition of office) act, 1950 (bom. act 28 of 1950) has abolished the office of the commissioner and further provided that wherever a reference was to the commissioner, the reference should be read as a reference to the state government or to such authority ..... rodricks, pointed out in his letter dated october 5, 1963, addressed to the assistant secretary to the government of maharashtra, that the government had already acquired about 3 acres of his land for university campus in addition to his other .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1976Bom363; 1976MhLJ393
..... bombay land revenue code, in any other enactment including land acquisition act, will have to be construed in reference to the provisions of the re-enacted maharashtra land revenue code. 4. in the maharashtra land revenue code, the term 'commissioner' is not defined but section 6 of the code provides that the state government shall appoint a commissioner for each division; and may appoint in a division an additional commissioner ..... the sub-divisional officer-cum-land acquisition officer with panchas, and on spot inspection as well as from other materials available on record, the authorities concerned ..... act viii of 1958, which is called the bombay commissioners of division act, 1957. by this act, section 3-a was added in the land acquisition act and in sections 4, 5a, 6, 7 and 17, after the words 'appropriate government', the words ' or the commissioner' were inserted. by the same act, the definition was introduced in the bombay general clauses act, defining the term ' commissioner'. this act ..... commissioner under the land acquisition act, he exercise the functions and powers of the 'commissioner under the land acquisition act, he still remains an additional commissioner, an officer subordinate to the commissioner. if such a construction is accepted , then the very purpose of conferring powers under sub-section (3) of section 13 of the maharashtra ..... any other law for the time being in force he is still not the district magistrate unless the government appoints him as such under section 10( .....Tag this Judgment!
Court : Mumbai Nagpur
..... petitioners were disqualified under section 14(1)(j-3) of the maharashtra village panchayats act, 1958 (for short, the said act ), and the said order has been confirmed by the additional commissioner, amravati division, amravati in an appeal preferred under section 16(2) of the said act. 3. the authorities below have held that ..... person as an arrear of land revenue. (3) the power under sub-section (2) or sub-section (2a) may be exercised in respect of any obstruction, encroachment or unauthorised cultivation of any crop referred to therein whether or not such obstruction, encroachment or unauthorised cultivation of any ..... such type of interpretation to defeat the very object of the bombay village panchayats (amendment) act, 2006. this court has taken a view that the term 'person' employed under sub-section (1) of section 14 of the said act has to be interpreted to mean the legal heirs of such ..... house constructed on plot no.168, which was admittedly an encroachment committed by his father in the year 1966. the petitioner did not himself commit an act of encroachment. this court maintained the disqualification of the petitioner under section 14(1)(j-3) of the said act. para 6 of ..... act or any rule or bye-law. sub-section (2) is couched in the negative language and states that no action shall be brought against any member for anything done or purporting to have done by or under the act, until the expiration of three months next after notice in writing has been left or delivered at the office .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1963Guj80; (1963)GLR405; (1964)0GLR481
..... no. 1, the commissioner, baroda division, baroda, had no authority, in law, to issue the two notifications under section 4 and 6 of the act. (ii) that even if any such authority was purported to be ..... january, 1961, under section 6 of the act declaring that 3387 square yards of the above final plot were required for the public purpose of the; construction of a telephone exchange ..... bombay was no longer in existence, or, in any case, the state of gujarat was not the state of bombay. a new state had been brought into existence. there was a commissioner stationed at baroda under the bombay regime. it is not disputed that that officer ..... in article 73 and the other articles of the constitution in which a reference is made to the said executive power.11. but, that does not ..... bombay reorganization act, 1960 (act ii of 1960) (hereinafter called the 'reorganization act'). by section 3 of the reorganization act, several territories were assigned to the state of gujarat and the other territories of the former state of bombay were assigned to a state called maharashtra ..... section 4 and 6 of the act. section 4 empowers 'the appropriate government' to publish a notification under it if it appears to it that land, in any locality, is needed or is likely to be needed for any public purpose. similarly, section 6 ..... law. in (s) air 1957 sc 790, their lordships were dealing with a notification under section 4 of the u. p. sales tax act by which it was provided that the provisions of section 3 of that act .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1978Bom184; (1977)79BOMLR361; 1978MhLJ9
..... erroneous in law.11. there is no merit in the contention having regard to the special enactment contained in section 4 (2) (b) of the bombay agricultural produce market act, 1939, and the notifications referred to above. the relevant sub-section reads as follows:'on and after the date of the declaration of the market area under sub-section (1) no municipality or other local authority, notwithstanding ..... been received within the prescribed period. now, therefore, in exercise of the powers conferred by sub-section (4) of section 4 of the said act, the commissioner. poona division, poona is pleased to declare that with effect from the date of publication of this notification in the maharashtra government gazette the said area shall be the market area for the purpose of the said ..... i.e. for the year 1965-66. the market committed submitted that this auction of the municipal corporation was ultra vires and hence prayed for the reliefs stated above.6. the suit wag resisted by the defendant-municipal corporation contending and raising a number of worthless technical contentions and also the contention that as the cattle market is situate in ..... (4) that the b. a. p. m. act, 1939, applied not only to the wholesale dealers or their brokers but also to the retail sellers between the producers and consumers; (5) that the municipal corporation had no right to auction the monopoly of collecting fees (shingoti) on the sale of cattle; (6) and hence the municipal corporation was accountable in respect .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1975Bom281
..... act, namely, against the proviso to section 6(1) which required that such a notification could not be made unless part of whole of the compensation came out of public revenues or some fund managed or controlled by a local authority.24. shri natu has also relied upon a decision of manipur judicial commissioner ..... v. state of maharashtra : 3scr885 . in the said case the provisions of bombay commissioners of divisions act and the notification under amending land acquisition act were challenged. ..... by constructing houses where the scheme it for residential purposes. we have also an doubt that in imposing terms, the state or the local authority will ..... the trust. these suggestions were in fact made by the director. town planning, maharashtra state, poona and were incorporated in the government resolution dated 4 ..... sites for industrial and commercial purposes creating alternate sites fro setting the existing structure owners. there was also a demand for residential plots for ..... officer and a notice under section 9(3) of the land acquisition act was issued to the petitioners. the petitioners participated in the said proceedings and ultimately an award dated 31-12-1969 was passed by the land acquisition officer. we are informed that the petitioners have sought a reference under section 18 of the land acquisition officer and the said reference ..... under the act. the means of acquiring further income under the scheme are, therefore, perfectly legitimate'.in our opinion the principle of law laid down .....Tag this Judgment!
Court : Mumbai Aurangabad
..... date to the petitioner, in view of the provisions of section 14(j1) of the bombay village panchayat act, 1958 and in view of the provisions of the bombay village panchayat and the maharashtra zilla parishad and panchayat samitee (amendment) act, 1995, the petitioner herein, is not eligible to be ..... order was challenged by the petitioner herein, before the additional commissioner, nashik division, nashik by way of filing the appeal no. 27 of 2011. from careful perusal of the judgment of the appellate authority, it appears that, the appellate authority has also mechanically endorsed the findings recorded by the additional ..... . while exercising the writ jurisdiction, it is not appropriate for this court to find out its effect and render the findings thereupon vis--vis facts involved in the case. the respondent no.1 in his affidavit in reply has also mentioned certain entries in the voters list ..... at all. the appellate authority has not considered the provisions of births, deaths and marriages registration act, 1886. when such contention was raised by the petitioner, the authorities were bound to refer to the provisions of section 19 to 22 of the above mentioned act. the petitioner has placed on ..... to the provisions of section 20 and 22(1) of the births, death and marriages registration act and also provisions of section 114 of the evidence act and submitted that, the birth certificate which is issued by the competent authority is after following the mandatory provisions of law. in the said .....Tag this Judgment!
Court : Mumbai Aurangabad
..... date to the petitioner, in view of the provisions of section 14(j1) of the bombay village panchayat act, 1958 and in view of the provisions of the bombay village panchayat and the maharashtra zilla parishad and panchayat samitee (amendment) act, 1995, the petitioner herein, is not eligible to be ..... order was challenged by the petitioner herein, before the additional commissioner, nashik division, nashik by way of filing the appeal no. 27 of 2011. from careful perusal of the judgment of the appellate authority, it appears that, the appellate authority has also mechanically endorsed the findings recorded by the additional ..... . while exercising the writ jurisdiction, it is not appropriate for this court to find out its effect and render the findings thereupon vis- -vis facts involved in the case. the respondent no.1 in his affidavit in reply has also mentioned certain entries in the voters list ..... at all. the appellate authority has not considered the provisions of births, deaths and marriages registration act, 1886. when such contention was raised by the petitioner, the authorities were bound to refer to the provisions of section 19 to 22 of the above mentioned act. the petitioner has placed on ..... to the provisions of section 20 and 22(1) of the births, death and marriages registration act and also provisions of section 114 of the evidence act and submitted that, the birth certificate which is issued by the competent authority is after following the mandatory provisions of law. in the said .....Tag this Judgment!