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Judgment Search Results Home > Cases Phrase: bombay government premises eviction act 1955 maharashtra section 4 power to evict Page 1 of about 4,494 results (0.582 seconds)

Feb 12 2004 (HC)

B and C Kamgar Sanghatana Vs. Executive Engineer, Public Works Divisio ...

Court : Mumbai

Reported in : 2004(3)ALLMR112; 2004(4)MhLj187

..... of 1956), and in supersession of government notification, urban development and public health department, no. evc. 1162/307 ..... -e, dated the 27th august, 1962, the government of maharashtra hereby appoints the following ..... different classes of premises].8. the govt. of maharashtra issued notification g.n.u.d. and f.h.d. no. evc. 1263/52871-e, dated 12th august, 1964 published in maharashtra govt. gazette, part iv-b, p. 1081) and declared the resident deputy collector, amravati, as competent authority. the notification reads as under :'in exercise of the powers conferred by section 3 of the bombay government premises (eviction) act 1955 (bom. ii .....

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Feb 16 1999 (HC)

Bhola Wajareshwar Sethi Vs. the Hotel Nandanvan Pvt. Ltd.

Court : Mumbai

Reported in : 1999(3)ALLMR291; 2000(1)BomCR124

..... to be ignored. sub-section (2) of section 26 lays down that the powers which have been conferred by sub-section (1) of section 26 if have been vested in some other forum, under the provisions of the bombay rents, hotel and lodging house rates control act, 1947, the bombay government premises (eviction) act, 1955, the bombay provincial municipal corporations act, 1949, or the maharashtra housing and area development act, 1976, or any ..... said court is entitled to exercise the jurisdiction under section 26 irrespective of the pecuniary limits of said court provided while investing the powers under section 28 of the bombay civil courts act. in the present matter, there is no dispute over ..... the civil courts which are empowered under section 28 of the bombay civil courts act, 1869 of the power of the small causes courts act, are the small causes courts under the provincial small cause courts act. 1887 in view of the definition of the 'court of small causes' given in section 4 of the said act and has further laid down that the ..... was instituted in the court of the civil judge (senior division) achalpur, who had been invested with powers to try small cause suits of the value upto 1,800/- section 28 of the bombay civil courts act. under section 4 of the provincial small cause courts act, unless there is something repugnant in the subject or context, 'court of small causes' means a .....

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Oct 21 2011 (HC)

Depe Global Shipping Agencies Pvt. Ltd. Vs. Mpil Corporation Ltd.

Court : Mumbai

..... (2) nothing contained in sub-section (l) shall apply to suits or proceedings for the recovery of possession of any immovable property, or of licence fee or charges or rent thereof, to which the provisions of the bombay rents, hotel and lodging house rates control act, 1947, the bombay government premises (eviction) act, 1955, the bombay municipal corporation act [the maharashtra housing and area development act, 1976 or ii of any other ..... law for the time being in force, apply.]" 4. in this case it is not in dispute that as on 30/3/2000 ..... the date of the order allowing the said petition on 18/4/2011 with retrospective effect on 1/4/1999 an issue of law also arises as to whether a company which is not governed by the provisions of section 3(1)(b) of the maharashtra rent control act, 1999 at the commencement of the said act as on 31/3/2000 can cease to be ..... 2000 for accepting scheme of compromise and arrangement in which an order was passed by the learned single judge of the company court of this court exercising powers under companies act, 1956 on 18/4/2001 and by that order, it was inter alia provided that the share capital of the respondent company will stand reduced to rs. 75 lakhs with .....

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Dec 15 1975 (HC)

Khadi and Village Industries Commission, Bombay Vs. N.S. Pai

Court : Karnataka

Reported in : AIR1976Kant85; ILR1976KAR310

..... legality of certain proceedings taken under the bombay municipal corporation act of 1888, in exercise of powers under sections 105-a and 105-b of chapter v-a which was introduced by an amending act (maharashtra act 14 of 1961) and under bombay government premises (eviction) act, 1955. the newly introduced provisions in the municipal law granted certain powers for eviction in respect of 'unauthorized occupants' from any corporation premises, subject to the procedures and conditions ..... commission was intended to be vested with powers executive as well as administrative for the proper development of khadi and village industries. section 2 of the act is the interpretation clause. section 3 enables the central government to add to or omit from the schedule to the act any village industry or alter the description of any village industry. section 4 provides for the establishment and constitution of ..... . the commission may request the collector within whose jurisdiction its office is situated to take such action as may be necessary for recovering the sum as arrears of land revenue.(4) if in the course of proceedings taken against a person for recovery of any sum requested to be recovered under sub rule (3), such person denies his liability to pay .....

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Dec 19 2005 (HC)

Subhash Joshi and anr. Vs. Mohd. Sultan S/O Abdul Gani and anr.

Court : Mumbai

Reported in : AIR2006Bom153; 2006(2)MhLj612

..... . (2) nothing contained in sub-section (1) shall apply to suits or proceedings for recovery of possession of any immovable property or of license fee or charges or rent thereof, to which the provisions of the bombay rents, hotel and lodging house rates control act, 1947, the bombay government premises (eviction) act, 1955, the bombay provincial municipal corporations act, 1949 or the maharashtra housing and area development act, 1976, or any other law ..... cases considered by hon'ble apex court by amendment powers of revision were conferred upon district court, the position here in maharashtra is not much different. by 1984 amendment, the district court has been given power under section 26(4) to do that which high court could have done under section 25. language of sections 25 and 26(4) is similar. thus while providing a remedy of appeal ..... which did not exist until then, the legislature also conferred revisional powers upon district court. forum for filing appeal and for filing revision is same. no limitation has been prescribed in section 26(4) for exercise of that power. thus the intention of legislature to expedite the final adjudication of disputes between landlord and tenant or licensor .....

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Mar 04 1997 (HC)

Adi S. Mehta Vs. Adil. G. Illava

Court : Mumbai

Reported in : AIR1998Bom107; 1997(4)ALLMR698; 1997(3)BomCR178

..... proceedings. (2) nothing contained in sub-section (1) shall apply to suits or proceedings for the recovery of possession of any immovable property, or of licence fee or changes or rent thereof, to which the provision of the bombay rents, hotel and lodging house rates control act, 1947 the bombay government premises (eviction) act, 1955, the bombay municipal corporation act, the bombay housing: board act, 1948 or any other law for the ..... only be challenged by filing a substantive suit. this situation was rectified by the maharashtra state amendment in chapter vii. this amendment invested power in the small causes court to try suits for recovery of immoveable property. counsel has invited my attention to section 41 of the said act. section 41 reads as under.'41. suits or proceedings between licensors and licensees or landlords ..... and peacefully along with his family members and servants. on the expiry of this agreement, a fresh agreement was arrived at between the plaintiff and the defendant on july 4, 1969. the said licence was renewed for a further period of 11 months on the same terms and conditions except that the monthly licence fee was reduced to rs. ..... illegality. counsel for the defendant has further submitted that in fact the plaintiff has been paid a certain amount of money as consideration. he has relied upon letter dated 15-4-74. this letter, to my mind, does not show that any money was paid as consideration for the occupancy of defendant of the said flat. counsel for the .....

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Sep 05 2014 (HC)

Anjanabai Hanumantrao Sonawane and Others Vs. Hindustan Construction C ...

Court : Mumbai

..... (2) nothing contained in sub-section (l) shall apply to suits or proceedings for the recovery of possession of any immovable property, or of licence fee or charges or rent thereof, to which the provisions of the bombay rents, hotel and lodging house rates control act, 1947, the bombay government premises (eviction) act, 1955, the bombay municipal corporation act [the maharashtra housing and area development act, 1976 or any other law ..... licensee and licensor; or (ii) between a landlord and a tenant; (iii) such suit or proceeding must relate to the recovery of possession of any property situated in greater bombay; or (iv) relating to the recovery of the licence fee or charges or rent thereof." "16. it is, therefore, obvious that the phrase 'relating to recovery of possession' as ..... no.228, 199, 148, 189, 188, 198, 153 and 145 situate at navjivan estate, village hariyali, taluka kurla, vikhroli (east), mumbai suburban district admeasuring 13 acres 30-3/4 gunthas and along with structures standing thereupon, more particularly described in ex.'a' hereto under indenture dated 23rd july 1975 registered with sub registrar of mumbai under no.bom/s ..... standing thereupon. the plaintiffs have also alleged that the defendant is trying to wriggle out of their obligations as owners of the property leased to the plaintiffs' predecessors in title. 4. for the purposes of this chamber summons, it is better to reproduce paragraphs 14 and 15 and prayer clause (a) of the plaint : "14) plaintiffs submit that .....

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Oct 27 2014 (HC)

Tulsabai Mahadeorao Raghurte Vs. Gangubai Babanrao Sarve

Court : Mumbai Nagpur

..... charges or rent therefor, to which the provisions of the bombay rents, hotel and lodging house rates control act, 1947, the bombay government premises (eviction) act, 1955, the bombay provincial municipal corporations act, 1919, or the maharashtra housing and area development act, 1976, or any law for the time being in force, apply. 3. in order to exercise jurisdiction under subsection (1) of section 26, reproduced above, the small causes court has to ..... has granted a decree for rs. 28,800/- on this court. apparently, such a relief is beyond the jurisdiction of the small causes court exercising jurisdiction under section 26 of the provincial small cause courts act. the decree cannot, therefore, be sustained. 5. in view of the findings on both the aspects above, the decree for payment of interest also cannot be ..... , no decree for an amount of rs.54,000/- towards arrears of rent could have been passed. the decision of the courts below cannot, therefore, be sustained to that extent. 4. the plaintiff has claimed the arrears of rent of rs.500 + rs. 300 respectively said to have been collected by the defendant from the other tenants from january 1997 to ..... on the gross amount of rs.82,800/- for 3 years interestrs.44,712/-iv]notice chargesrs. 500/-totalrs.1,28,012/- it is a suit preferred under the provisions of the provincial small cause courts act for recovery of rent in terms of section 26 of the said act, which reads as under; ??26. suits or proceedings between licensors and licensees or .....

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Sep 25 2003 (HC)

Chandumal S/O Jamnumal Kukreja and ors. Vs. Gyarsilal S/O Ramjilal Agr ...

Court : Mumbai

Reported in : 2004(3)ALLMR478; 2004(1)MhLj577

..... nothing contained in sub-section (1) shall apply to suits or proceedings for the recovery of possession of any immovable property or of licence fee or charges or rent thereof, to which the provisions of the bombay rents, hotel and lodging house rates control act, 1947, the bombay government premises (eviction) act, 1955, the bombay provincial municipal corporations act, 1949 or the maharashtra housing and area development act, 1976, or any other ..... on behalf of the applicants is whether the suit was tenable against the applicant no. 2 nandulal who was described as a trespasser claiming through the tenant under section 26 of the act. according to the learned counsel for the applicants, it is not. the learned counsel submits that the respondent has described the applicant no. 2 nandulal as a ..... that the decision did not rest solely on the existence of the power of the small causes court to 'deal with any claim or question arising out of this act or any of its provisions'. in para 3, the supreme court has observed as follows:--'apart from that section, under the ordinary law a decree for possession passed against a tenant ..... original tenant.4. mr. bhangde, learned counsel for the respondent, has rightly relied on a decision of the supreme court in messrs i. and m. ltd. v. pheroze framroze, : [1953]4scr226 wherein the supreme court was considering the jurisdiction of the court under section 28 of the bombay rent act to maintain a suit against a sub-tenant to whom the premises were .....

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Jul 17 2008 (HC)

Suhash S/O. Vishwanath Kolapkar Vs. the Assistant Collector and the Ch ...

Court : Mumbai

Reported in : (2008)110BOMLR2491; 2009(2)MhLj50

..... which it has not been so applied.now, therefore, in exercise of the powers conferred by section 100a of the maharashtra municipal councils, nagar panchayats and industrial townships act, 1965 (mah. xl of 1965. (hereinafter referred to as 'the said act'. the government of maharashtra specifies that the bombay government premises (eviction. act, 1955 (bom ii of 1956. and the rules made thereunder, from time to ..... bombay government premises (eviction. act 1955 (for short, 'the act, 1955'. were issued. consequent to the notice the petitioners filed reply addressed to the resident deputy collector ahmednagar on 2-10-2007. along with the reply the petitioners had filed certain documents.7. by an order dated 18-12-2007 the competent authority, resident deputy collector ahmednagar passed orders of eviction in exercise of powers under section 4 of the act, 1955 ..... appellant and thereafter it has also considered the objections of appellant while passing eviction order, by which it can be said that the competent authority has followed procedure laid down under section 4 of the act while passing eviction order in the said eviction case....in para 13 the lower appellate court further observed:13...the competent ..... in rebuttal to the evidence led by the noticee....50. except in the first category of cases, as has been noticed by us hereinbefore, sections 4 and 5 of the act, in our opinion, may have to be construed differently in view of the decisions rendered by this court. if the landlord being a .....

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