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Judgment Search Results Home > Cases Phrase: bombay high court letters patents amendment act 1948 maharashtra Year: 1990 Page 1 of about 36 results (0.242 seconds)

Mar 07 1990 (HC)

Kamal V.M. AllaudIn and Etc. Etc. Vs. Raja Shaikh and Etc. Etc.

Court : Mumbai

Decided on : Mar-07-1990

Reported in : AIR1990Bom299

..... which do not appear to have been noticed by the madras high court in the aforesaid ruling.63. it is common ground before me that the letters patent could be amended by the legislature. for that matter reference may be made to bombay act xli of 1948 viz., the bombay high court letters patent (amendment) act, 1948 which amended the letters patent. likewise, the matrimonial jurisdiction which the high court was exercising whether under cl. 35 or clause 12 of the ..... in relation to the guardianship arising outside the territorial limits of the areas of the family courts but within the state of maharashtra would be cognizable by the high court under clause 17 of the letters patent.if the scope of clause (g) of the explanation to section 7 of the act is undestood in the aforesaid manner then the provisions of sections 7 and 8 of ..... irrelevant. referring to the family court rules framed by the state of maharashtra and the high court, on which mr. dada also commented, as noted earlier, mr. mehta submitted that if a high court was included in the definition of the district court under the family courts act, then rule 35 of the maharashtra family court rules and rule 50 of the family courts (court) rules of the high court rules would bring about a .....

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Jul 10 1990 (HC)

The Maharashtra State Financial Corporation Vs. M/S. Jaycee Drugs and ...

Court : Mumbai

Decided on : Jul-10-1990

Reported in : AIR1991Bom96; 1990(3)BomCR1; (1987)89BOMLR149

..... s. 31 and 32 ought to be decided without reference to the scope of s. 3 of the bombay city civil court's act and the clauses of the letters patent of this court. we overrule the decision of the warned single judge in the case of the maharashtra state financial corporation v. hindtex engineers pvt. ltd.(supra) which had taken a contrary view on the question ..... petition no. 357 of 1985. the maharashtra state financial corporation v. hindtex engineers pvt. ltd.) since reported in 1987 man. law journal, page 243, inter alia holding that the high court alone and notbombay city civil court has jurisdiction to entertain a petition u/ s. 31 against an industrial concern carrying on business in the presidency town of bombay. the learned single judge himself, therefore ..... the instant petition u/s. 31 of the act. in the absence of city civil court's jurisdiction only this high court was competent to deal with the instant petition u/s. 31 of the act. in support of his submission shri andhyarujina has relied upon the decision of the learned single judge in the case of maharashtra state finance corporation v. hindtex engineers pvt. ..... corporation : air1975all416 , while considering the scope of s. 31(1)(a) and the other related provisions of the state financial corporations act (before the same were amended by amendment act of 1985) had overruled a division bench decision of the same high court reported in 1971 all law joul 756 and had come to the conclusion that the property of a surety who is not .....

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Mar 27 1990 (SC)

Automobile Products of India Employees' Union Vs. Association of Engin ...

Court : Supreme Court of India

Decided on : Mar-27-1990

Reported in : AIR1990SC1159; (1990)92BOMLR394; [1991(61)FLR369]; JT1990(3)SC351; 1990LabIC935; (1990)IILLJ395SC; 1990(1)SCALE693; (1990)2SCC444; [1990]2SCR177; 1990(2)LC188(SC)

..... was alleged that the industrial court had violated the provisions of the act relating to the grant of recognition of the union by adopting a procedure which was not sanctioned by it and which was, therefore, illegal and invalid. reliance was placed for this purpose on a decision of the bombay high court in maharashtra general kamgar union, bombay v. mazdoor congress, bombay and ors. . the appellant-union ..... in the undertaking shall be allowed to appear or act or allow to be represented in any proceedings relating to unfair labour practices specified in items 2 and ..... which shall have the right to represent in certain proceedings under the said act, and that the decisions arrived at or order made in such proceedings shall be binding on all the employees in such under taking, and to that extent the provisions of the said act shall stand amended. section 21 then states that when there is a recognised union, no employee ..... 6 of schedule iv of the act except through the recognised union. the only exception to this rule is in .....

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Jan 16 1990 (SC)

Hiraji Tolaji Bagwan (since deceased by L.R's) Vs. Shakuntala

Court : Supreme Court of India

Decided on : Jan-16-1990

Reported in : AIR1990SC619; JT1990(1)SC30; 1990(1)SCALE27; (1990)1SCC440; [1990]1SCR66; 1990(1)LC570(SC)

..... date the transfer effected after which would not result in conferring title to the land. in fact, the amending act also states that the amendment was effected pursuant to the decision of the full bench of the bombay high court reported in 1969 maharashtra law journal page 933 where the court had taken the view that the 'transfer' contemplated by the unamended provision of section 38(7) did ..... not include transfer by partition. it had, therefore, become necessary to include in the 'transfer' also transfer by partition and, hence, the amending act was enacted only for the purpose ..... ancestral property so long as it is joint, in favour of either the wife or the daughter. since this obvious illegality was ignored by the high court, it will have to be held that the high court's decision was patently wrong. the respondent, therefore, never became the landlady of the land and it was brij lal who continued to be the landlord of the ..... orderp.b. sawant, j.1. these proceedings arise under the bombay tenancy and agricultural lands (vidarbha region) act, 1948 (hereinafter referred to as the act). the appellant hiraji tolaji was admittedly a protected lessee or tenant of the agricultural land being survey no. 30 of village madha, taluqa chikhali district buldana. the land measures approximately .....

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Sep 04 1990 (SC)

Delhi Transport Corporation Vs. D.T.C. Mazdoor Congress and Others

Court : Supreme Court of India

Decided on : Sep-04-1990

Reported in : AIR1991SC101; (1991)1CompLJ1(SC); JT1990(3)SC725; 1991LabIC91; (1991)ILLJ395SC; 1991Supp(1)SCC600; [1990]Supp1SCR142; 1991(1)SLJ56(SC)

..... it was not meant to be effective after the appellant had been confirmed.76. aggrieved by the order mentioned above, the appellant had filed letters patent appeal before the division bench of the high court. the division bench of the high court by an order dated 13th september, 1972 referred the question of law for the decision of the full bench. the full bench of the ..... thereof. it assures social and economic justice and also accords equality of opportunity and status as well as equality before law assuring dignity of the individual. the constitution forty second amendment act introduced 'socialism' in the preamble and made explicit of what is latent in the constitutional scheme. article 14 accords equal protection of law and equality before law. article 16(1 ..... offending article 14 of the constitution.9. indeed, it was noted in s.s. muley v. j.r.d. tata [1979] 2 slr 438 by this court that, justice sawant, of bombay high court had considered at great length regulation 48(a) of the air india employees' service regulations which conferred similar power on the corporation as regulation 34 confers on the board in ..... john stuart mill in his 'consideration of representative govt.' said years ago that 'the power of the state is to promote virtue and intelligence of the people'. in state of maharashtra v. chander bhan : (1983)iillj256sc chinnappa reddy, j. held that public employment opportunity is a national wealth in which all citizens are equally entitled to share and varadarajan, j. held .....

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Mar 01 1990 (HC)

Gulab Rai Vs. Municipal Corporation of Delhi and Others

Court : Delhi

Decided on : Mar-01-1990

Reported in : ILR1991Delhi97

..... this argument the division bench, while referring to the earlier decisions in the case of saila bala roy : air1936cal265 and watkins mayor (supra) and that of maharashtra state electricity board : air1966bom160 (supra) of bombay high court, observed that the provision for minimum charge in the agreement between a consumer and a licensee is but one of the modes of providing for reasonable return ..... electricity by the board to the persons other than the licensees. it is clear, thereforee, that by virtue of sec. 286(2) of the dmc act, sec. 49 of the indian electricity (supply) act, 1948 is not applicable inasmuch as the said section 49 deals with the powers of the board, regarding sale of electricity. with the dissolution of the board, ..... payable at that time. by the impugned decision of the respondents the minimum demand charges have been increased. the contention of the petitioners is that this amounts to altering or amending the conditions of supply and requires the sanction of the state government. we are unable to agree with this contention. the condition of supply contained in the aforesaid agreement, ..... so that consumers are not attracted for such unfair means and the rates are commensurate with the fixed expenditure being measured by the undertaking.'in the proposal contained in the letter, there was no suggestion for increase of minimum consumption charge for domestic category but for other categories increase was recommended and in respect of arc/induction furnaces the increase .....

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Mar 31 1990 (HC)

Gulab Rai Vs. Municipal Corporation of Delhi and ors.

Court : Delhi

Decided on : Mar-31-1990

Reported in : AIR1990Delhi249; 42(1990)DLT121

..... . repelling this argument the division bench, while referring to the earlier decisions in the cases of saila baia roy's and watkins mayor (supra) and that of maharashtra state electricity board (supra) of bombay high court, observed that the provision for minimum charge in the agreement between a consumer and a licensee is but one of the modes of providing for reasonable return to ..... of electricity by the board to the persons ether than the li- censees. it is clear thereforee, that by virtue of section 286(2) of the dmc act, section 49 of the indian electricity (supply) act, 1948 ^s not applicable inasmuch as the said 1) section 49 deals with the powers of the board, regarding sale of electricity. with the dissolution of the ..... payable at that time. by the impugned decision of the respondents the minimum demand charges have been increased. the contention of the petitioners is that this amounts to altering or amending the conditions of supply and requires the sanction of the state government. we are unable to agree with this contention. the condition of supply contained in the aforesaid agreement, and ..... that consumers are not attracted turn such unfair means and the rates are commensurate with the fixed expenditure being measured by the under taking.'in the proposal contained in the letter, there was no suggestion for increase of minimum consumption charge for domestic category but for other categories increase was recommended and in respect of arc i induction furnaces the increase .....

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Oct 09 1990 (SC)

Pundalik Vishram Patil Vs. Bandu Chintaman Sonar

Court : Supreme Court of India

Decided on : Oct-09-1990

Reported in : AIR1991SC486; (1991)93BOMLR747; 1991Supp(2)SCC590

..... . he made the order on 10 december 1963. that order was confirmed by the commissioner, bombay on 27th june 1964. the appellant challenged the validity of that order before the bombay high court by means of a writ petition. during the pendency of the writ petition, the fragmentation act was amended by insertion of section 31-aa which provides for validation of illegal transfers on payment ..... of penalty. thereupon the appellant with draw his writ petition pending before the high court. he made payment of fine of rs. 3 ..... not be allowed to be benefited by his own illegal action. the tenant is required to be protected in the premises.5. we, therefore, set aside the orders of the high court and the maharashtra revenue tribunal and restore that of assistant collector. in the circumstances of the case, we make no order as to costs. ..... orderk. jagannatha shetty, j.1. the matter arises under the bombay tenancy and agricultural lands act, 1948 with regard to entitlement of the appellant-tenant to purchase lands under his occupation. the lands are located at pimparale village. admittedly the respondent landlord leased the lands by two .....

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Mar 08 1990 (SC)

Sanwarmal Kejriwal Vs. Vishwa Co-operative Housing Sciety Ltd. and Oth ...

Court : Supreme Court of India

Decided on : Mar-08-1990

Reported in : AIR1990SC1563; (1990)92BOMLR304; JT1990(2)SC200; 1990(1)SCALE398; (1990)2SCC288; [1990]1SCR862

..... section 15a, meaning thereby which provides to the contrary, must yield to section 15a read with section 14(2) of the rent act. that is why this court while overruling the decision of the full bench of the bombay high court in ratanlal chandiprasad v. raniram darkhand, writ petition no. 76 of 1980 decided on 18th october, 1985 observed in paragraph 69 of ..... therefrom under sub-section (1) of section 91 of the maharashtra co-operative societies act, 1960 (act no. xxiv of 1961), hereinafter called 'the societies act', notwithstanding the protection extended by section 15a of the bombay rents, hotels & lodging house rates control act, 1947 (act no. lvii of 1947), hereinafter called 'the rent act', as amended by act xvii of 1973 or whether such proceedings would be governed ..... and collected and received the licence fee from the appellant till the middle of 1979 when he received a letter from respondent no. 2 claiming ownership of the flat. the appellant then filed an interpleader suit in the court of small causes, bombay, seeking a direction to whom he should pay the rent for the flat occupied by him. this interpleader ..... co-operative housing society ltd., respondent no. 1, hereinafter called 'the society', was registered sometime in 1948 under the provisions of the bombay co-operative societies act, 1925 and is deemed to be registered by virtue of section 166(2) under the present societies act. on 2nd march, 1949 one laxmi devi kejriwal was admitted to the membership of the society and .....

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Jul 24 1990 (HC)

Maharashtra Co-operative Courts' Bar Association and Ors. Vs. State of ...

Court : Mumbai

Decided on : Jul-24-1990

Reported in : 1990(3)BomCR437

..... way perverse.the bombay co-operative societies act, 1935 was repealed by enactment of maharashtra co-operative societies act, 1960. section 91 in chapter ix of the act deals with settlement of disputes. initially, the disputes were referred to the registrar only, but by amending act, being maharashtra act iii of 1974 which came into force from march 1, 1975 the system of co-operative courts was introduced. ..... the co-operative societies then used to transfer it for disposal by the co-operative courts, pursuant to the observations made by this court in the judgment : air1982bom428 , bandra green park co-operative housing society ltd. and another v. mrs. devadasi kalia and others by amending act being maharashtra act 18 of 1982 which came into force from july 1, 1982, the parties to ..... the president of the co-operative appellate court and reviewing powers can rest only with the high court. in my judgment, the resolution is required to be struck down as entirely unconstitutional and beyond the powers of the state government.12. the danger in conferring unconstitutional powers in the executive officer are reflected in the letters written by the commissioner for co- ..... be the registrar or his nominee and two persons of whom one shall be nominated by each of the parties concerned. section 54a which is substituted in the year 1948 provided that in the case of any award made by the arbitrators under section 54, the aggrieved party can approach the tribunal for setting it aside or for modifying .....

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