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Judgment Search Results Home > Cases Phrase: bombay high court letters patents amendment act 1948 maharashtra Year: 1968 Page 1 of about 39 results (0.296 seconds)

Oct 15 1968 (SC)

The State of Maharashtra Vs. Himmatbhai Narbheram Rao and ors.

Court : Supreme Court of India

Decided on : Oct-15-1968

Reported in : (1971)73BOMLR75

..... the constitution.5. in appeal under the letters patent the high court modified the order passed by kantawalla, j., and declared section 372(g) and a part of section 385 of the act invalid. the high court did not pass any order consequential on the declaration. against that order the state of maharashtra has preferred this appeal with certificate granted by the high court.6. section 3(z) defines 'nuisance ..... industrial uses. the second respondent is an owner of a stable of milch-cattle at andheri within the limits of greater bombay. by act 14 of 1961 the legislature of the state of maharashtra amended, amongst others, sections 367, 372 and 385 of act 3 of 1888 enacting that an owner of the carcass of a dead animal shall deposit it at the place appointed ..... . the high court of bombay has declared section 372 (g) and a part of section 385 of the bombay municipal corporation act 3 of 1888 as amended by act 14 of 1961 ultra vires because in their view these provisions infringe the guarantee of article 19(1)(f) and (g) of the constitution. the state of maharashtra and the municipal corporation of greater bombay have appealed to this court.2 .....

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Apr 01 1968 (HC)

Punjab Co-operative Bank Ltd., Amritsar Vs. Commissioner of Income-tax ...

Court : Punjab and Haryana

Decided on : Apr-01-1968

Reported in : AIR1968P& H476

..... assessee much earlier. the matter has been viewed by the assessing authorities in the perspective of the ruling of the division bench of the bombay high court in khatau's case (1948) 16 itr 248 : air 1948 bom 404, which, according to the head-note in : [1964]53itr83(sc) , has been overruled. but even so, the first ..... of the reference embodied in the two questions cannot be allowed to be raised for the first time in arguments before this court whose role under section 66 (1) of the act is purely advisory to answer only that which has been asked specifically of it, and the same observation would apply to the ..... by him in the maintenance of accounts. the tax on dividend, however, is payable in accordance with the requirements of section 16 (2) of the act. it follows that the mere acceptance by the department of the previous returns of the assessee in which the dividend income had been shown as in the ..... which are to be answered in this reference 4. the first provision of taw which has to be noted is contained in section 13 of the act, dealing with the method of accounting, which is to this effect:--'income, profits and gains shall be computed in accordance with the method of accounting ..... held that the disputed dividend was taxable in the assessment year 1953 54?' (2)whether we rightly held that provisions at section 13 of the income-tax act, 1922, did not control the repealed section 16 (2) and that :he disputed dividend was taxable in the assessment year 1953-54 irrespective of the method .....

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Apr 10 1968 (SC)

State of Maharashtra Etc. Vs. Madhavrao Damodar Patilchand and ors. Et ...

Court : Supreme Court of India

Decided on : Apr-10-1968

Reported in : AIR1968SC1395; (1969)71BOMLR141; 1969MhLJ17(SC); [1968]3SCR712

..... . 226 and 227 of the constitution (special civil application no. 1642 of 1963) in the high court of judicature at bombay challenging the validity of the maharashtra state agricultural lands (ceiling on holdings) act, 1961 (maharashtra act xxvii of 1961) as amended by maharashtra act xiii of 1962 - hereinafter referred to as the impugned act. the first appellant is a public limited company and owns two factories for the manufacture of ..... estate (abolition and conversation into ryotwari) act, 1948 (madras act xxvi of 1948) is mentioned in item 9, while the madras estates (abolition and conversion into ryotwari) amendment act, 1950 (madras act i of 1950) is mentioned in item 10. further item 20 specifically mentions the west bengal land development and planning act, 1948 (west bengal act xxi of 1948), as amended by west bengal act xxix of 1951. but then there are ..... many other acts which had been amended before they were inserted in the ninth schedule, and .....

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Oct 03 1968 (HC)

inder Singh and ors. Vs. Labour Court, Jullundur and anr.

Court : Punjab and Haryana

Decided on : Oct-03-1968

Reported in : AIR1969P& H310

..... 189 . it may be noticed that the observations of the bombay high court in the aforre said case were not approved by the supreme court appears to have gone entirely wrong in holding that though there was no statutory bar to the jurisdiction vested in the labour court by section 33c(2) of the act, some kind of implied bar on general principles could be created ..... came into force on may 20, 1950. in 1953, the legislature took a further step by providing for additional rights to the workmen by adding chapter va to the act, and passed an amending act no. 43 of 1953. chapter va deals with the workmen's claims in cases of lay-off and retrenchment. section 25(1) which was enacted in this chapter ..... :-'that proper forum for the recovery of wages, if any, is the authority appointed under the minimum wages act of 1948. other courts are barred to entertain claims for the recovery of wages which can be recovered by an application under section 20 of the act 11 of 1948. if a claim arises regarding payment of less wages otherwise than fixed under the minimum wages ..... a disputed claim in pursuance of a notification under the minimum wages act (11 of 1948) (hereinafter referred to as the wages act,) can or cannot be made under sub-section (2) of section 33c of the industrial disputes act, (14 of 1947) (hereafter called the act), before a labour court established under the act.2. respondent no. 2 is an industrial concern engaged in finishing textile .....

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Jan 08 1968 (SC)

O.N. Mohindroo Vs. the Bar Council of Delhi and ors.

Court : Supreme Court of India

Decided on : Jan-08-1968

Reported in : AIR1968SC888; [1968]2SCR709

..... the same having been considered and rejected at the time of the preliminary hearing of his appeal. aggrieved by the order of the learned single judge, the appellant filed a letters patent appeal. at the hearing of that appeal the appellant's counsel conceded that he could not raise any contention on the merits of the case in view of this ..... that these entries contemplate such a scheme was brought out in state of bombay v. narothamdas : [1951]2scr51 , where it was contended that the bombay city civil court act, 40 of 1948, constituting the said civil court as an additional court was ultra vires the provincial legislature as it conferred jurisdiction on the new court not only in respect of matters in list ii of the seventh schedule ..... the matter of 'administration of justice; constitution and organisation of all courts, except the supreme court and the high courts; officers and servants of the high court; procedure in rent and revenue courts; fees taken in all courts except the supreme court.' it is clear that except for the constitution and the organisation of the supreme court and the high courts the legislative power in the matter of administration of justice has ..... the field of entry 26 is not the question at present before us and therefore it is not necessary to go into it in this appeal. 9. the advocates act was passed to amend and consolidate the law relating to legal practitioners and to provide for the constitution of bar councils and an all-india bar. section 2(a) and (i) .....

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Jul 03 1968 (HC)

indumatiben Chimanlal Desai Vs. Union of India and anr.

Court : Mumbai

Decided on : Jul-03-1968

Reported in : AIR1969Bom423; (1969)71BOMLR340

..... the suit must be filed in the bombay high court on its original side by virtue of the residuary jurisdiction under clause 12 of the letters patent.15. a similar question arose before allahabad high court in the case of paras ram v. janki bai, : air1961all395 (fb). in an appeal from an order under section 24 of the hindu marriage act, 1955 made by the civil judge. kanpur ..... must see if the suit will fall within the jurisdiction of the bombay city civil court. if it will not, it must fall within the residuary jurisdiction of the bombay high court on its original side.14. section 3 of the bombay city civil court act, 1948 provides that the city civil court shall have jurisdiction to receive, try and dispose of all suits and other proceedings of a civil ..... of land alone would far exceed rs. 25,000/- and would put the suit outside the jurisdiction of the bombay city civil court.10. section 8 of the suits valuation act in its application to the state of maharashtra covers section 6(ix) of the bombay court fees act. accordingly, the value of the suit for the purpose of jurisdiction shall be the same as the valuation ..... (iv)(d) provided for suits for injunctions only. in both these cases it was provided that the plaintiff may put any valuation on the suit. under the bombay amendment of section 8a of the suits valuation act, the valuation put by the plaintiff if inadequate could be questioned. with this however we are not concerned. article 17 (iii) of schedule ii to that .....

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Jul 16 1968 (HC)

Gotiram Nathu Mendre Vs. Sonabai and ors.

Court : Mumbai

Decided on : Jul-16-1968

Reported in : AIR1970Bom73; (1969)71BOMLR157; ILR1969Bom402

..... this judgment earlier division bench decision in the case of laxmava v. rachappa ilr 42 bom. 628 : : air1918bom180 and several other previous decisions of the bombay high court have been considered. the judgment of the privy council in ilr (1907) cal. 329 has also been considered. in the judgment of mr. justice ..... not for legal necessity. with regard to defendants nos. 2 to 4 it was found that they were not entitled to the protection of the bombay kent act. 1947, as against the plaintiff.7. before me mr. kotwal appearing for the respondents-defendants has taken only two contentions. the first contention ..... immovable property specified in the order in a manner permitted by the order.(ii) an administrator may not, without the previous permission of the court by which the letters of administration were granted '(a) mortgage, charge or transfer by sale, gift, exchange or otherwise any immovable property for the time being ..... plaintiff attained majority on 1st june 1945 and ought to have filed a suit for setting aside the sale deed on or before 1st june 1948. in absence of setting aside of the sale deed, the present suit by the plaintiff would not be maintainable. his second contention was that ..... of disposal within certain limits, whereas prohibition altogether forbids the disposal. he, therefore, contended that section 307(2)(iii) of the indian succession act was not applicable to the facts of the case and the sale was void. his second contention was that the power to dispose of property .....

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Aug 22 1968 (SC)

Maharashtra State Road Transport Corporation Vs. Balwant Regular Motor ...

Court : Supreme Court of India

Decided on : Aug-22-1968

Reported in : AIR1969SC329; (1969)71BOMLR438; 1969MhLJ890(SC); [1969]1SCR808

..... the bombay high court dated october 20, 1967 in special civil applications nos. 540, 570 to 572, 575 to 596 and 634 of 1967 filed under arts. 226 and 227 of the constitution of india.2. the appellant is the state road transport corporation of the state of maharashtra constituted under the road transport corporation act ( ..... operators including respondent no. 1 in special civil applications which are the subject-matter of these appeals. by its judgment dated october 20, 1967, the bombay high court allowed the special civil applications and granted a writ in the nature of certiorari quashing the order of the r. t. a. dated september 10/11 ..... state or a regional transport authority shall have power to make bye-laws to regulate the conduct of its business and shall likewise have power to amend or rescind such bye-laws and the business of such transport authority shall be conducted according to such bye-laws under the direction of the chairman ..... behalf of respondent no. 1 that it was not sufficient that reasons for the decision were given subsequently by the r. t. a. in its letter dated july 20, 1967 but the reasons should have been given simultaneously at the time of the resolutions on june 28/29, 1967. we are unable ..... or other legal purpose.' that an oral order was a legally valid order is also indicated by the decision of the court of appeal in rex v. newington licensing justices, (1948) 1 kb 681 in which the lessee of premises in respect of which a justices off-licence was in force applied .....

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Mar 20 1968 (HC)

Joginer Singh Vs. Pushpa

Court : Punjab and Haryana

Decided on : Mar-20-1968

Reported in : AIR1969P& H397

..... kalinath, air 1962 sc 199 the question was whether the decree of the bombay high court after leave to file suit had been obtained under clause 12 of the letters patent, was without jurisdiction? the objection in execution before the allahabad high court when the decree was sought to be executed was that the bombay high court had no territorial jurisdiction. this objection did not prevail. on appeal to ..... the supreme court the same objection was again agitated and it was rejected with the ..... or can it be said to be a nullity in proceedings for divorce under section 13(1)(ix) of act 25 of 1955 (since omitted by the hindu marriage (amendment) act, 1964 (act 44 of 1964) which inserted section 13(1a) in the act)? this is how this case has come before the present bench a further question was raised on the side ..... void for want of jurisdiction. a court may have the right and power to determine the status of a thing and yet may exercise its authority erroneously. after jurisdiction attaches in any case all that follows is exercise diction is not dependent upon the correctness of the determination.* * * * * '24. in central potteries ltd. v. state of maharashtra, (1963) 1 scr 166: .....

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Aug 29 1968 (SC)

Deccan Merchants Co-operative Bank Ltd. Vs. Dalichand Jugraj JaIn and ...

Court : Supreme Court of India

Decided on : Aug-29-1968

Reported in : AIR1969SC1320; [1969]1SCR887

..... v. london, [1875] l.r. 10 c.p. 679; palliser v. dale, [1897] 1 q.b. 257; judson v. ellesmere port ex-servicemen's club, [1948] all e.r. 844. similar view was expressed by the bombay high court in shyam co-operative society v. ramibai, 1952] 54 b.l.r. 517 where chagla c.j. observed :' now, before a case can fall under ..... proceeding by a landlord for ejectment of a tenant. a dispute concerning the ejectment of a tenant by a landlord is outside the purview of section 91 of the maharashtra co-operative societies act. it has also been argued that, as the lease under which the contesting respondent is claiming was not executed by the owner in his capacity as a member ..... relevant provisions therein. '33. we may mention that the two acts which this court had to deal with in that case were the banking companies act, 1949 (x of 1949), and the displaced persons (debts adjustment) act, 1951 (lxx of 1951).34. the preamble of the rent act states :' whereas it is expedient to amend and consolidate the law relating to the control of rents and ..... bank.6. on june 5, 1963, the bank addressed a letter to the petitioners stating that the bank had come to know that they were occupying the entire ground floor of the building (situate at nos. 195 to 197, shaikh memon street, bombay) transferred to the bank under section 100 of the act, and further stating that their occupation was unauthorised and otherwise .....

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