Court : Supreme Court of India
Reported in : 1996VIAD(SC)153; AIR1996SC2578; 1996(5)SCALE653; (1996)10SCC320; Supp3SCR775
..... to or from his property and had suffered damage from such discontinuance or stopping up, and the provisions in the bombay highways act, 1955, bom. lv of 1955 in relation to the assessment, apportionment, and payment of compensation shall, mutatis mutandis apply thereto as they apply in relation to the ..... closure of a highway under section 52 of that act.(4) where any open site or waste, vacant or grazing land vesting in government has been vested by government in a panchayat whether before or after the commencement of this act ..... to compensation equal to the value of such improvement and such value shall be determined in accordance with the provisions of the land acquisition act, 1894.4. the land belonging to the government was vested in the gram panchayat for one of the purposes enumerated in section 96, ..... of the universal declaration of human rights envisions that all human beings are born free and equal in dignity and rights and each should act towards one another in a spirit of brotherhood. in that case the question was : whether right to social security is a fundamental right ..... of the fact when public road or street is sought to be discontinued or closed, public is likely to be effected, sarpanch or chairman acting on behalf of gram panchayat etc. is enjoined by the proviso to sub-section (2) of section 96 to issue notice to them. .....Tag this Judgment!
Court : Mumbai Nagpur
..... (bom. act. of 1955), the government of maharashtra, hereby ?? (i) declares the roads specified in column 2 of schedule i appended here (more particularly described in column 3 of the said schedule ..... act to the proposed acquisition. the learned government pleader has produced a notification dated 19.4.1967, (pertaining to the notification of the concerned road as a state highway) during the course of the arguments, which is to the following effect: deptt. no. bha.3765/116348-c(2). ?? in exercise of the powers conferred by sections 3, 4 and 6 of the bombay highways act, 1955 ..... the ground that inasmuch as the acquisition was for the purposes of a state highway, the acquisition could not be undertaken under the provisions of the central act. in short, it is contended that the acquisition ought to have been under the provisions of the maharashtra highways act, 1955 ('state act' for short). 4. the contesting respondents have filed an affidavit thereby contesting ..... the petition. it is denied that no notice of the proposed acquisition was given and/or the inquiry under section 5a of the central act was not conducted. it is denied that the purpose for .....Tag this Judgment!
Court : Supreme Court of India
..... oral and documentary, as adduced before it, it held that in view of the shirdi town development plan, as well as the precepts of the bombay highways act, 1955 ( for short, hereinafter to be referred to as highways act ) prescribing, inter alia, the margin of clearance of the control line as well as the relevant provisions of the maharashtra municipal councils, nagar panchayats ..... hazardous, those are urgently required to be removed, he maintained. in buttressal of his assertions, the learned senior counsel has referred to the relevant provisions of act 1965, act 1966 and the highways act. he urged that the statutory provisions having been enacted to secure the underlying objectives of the respective statutes, these have to be accorded an overriding effect, lest ..... the implementation of the development plan. further, their constructions also come within the prohibited area of 37 meters of the control line from the ahmad nagar manmad highway no.10 under the highways act, he urged. according to mr. naphade, except those of the appellants, all other illegal constructions on the palkhi road and in conflict with the development plan ..... as well that the triangular plot as well as the site earmarked for the shopping complex did come within the prohibited zone of the control line prescribed by the highways act for which no construction thereon was permissible as envisaged by the compromise decree.14. being highly aggrieved by this determination, the appellants in batches, filed writ proceedings .....Tag this Judgment!
Court : Mumbai
Reported in : 2004(5)BomCR913; 2004(2)MhLj511
..... to point out that all lands forming part of a highway which do not already vest in the state government shall, for the purpose of this chapter, be deemed to ..... bombay provincial municipal corporations act, 1949 is concerned, both tax as also a toll can be charged on animals and vehicles. it is no doubt true that the roads do not belong to the cantonment. reliance for that purpose was placed on behalf of the petitioner under section 20 of the bombay highways act, 1955 ..... tax is imposed legally and as per the provisions of law. it is pointed out that there is no bar either under the bombay motor vehicles act for levying of the vehicle entry tax. it is also pointed out that the aurangabad municipal corporation as well as many other municipal ..... the collection of the vehicle entry tax commenced from 11-10-2003. the contention of the petitioners is that, considering, section 20 of the bombay motor vehicles act, 1958, the cantonment board has no authority to impose the impugned vehicle entry tax on motor vehicles. consequently, the action of the 2nd respondent ..... a vehicle enters a cantonment area, may be through the state or national highway.the only question, therefore, is whether the said tax can be imposed. insofar as the language of section 20 of the bombay motor vehicles tax act, 1958 is concerned, what cannot be charged is the toll on any motor .....Tag this Judgment!
Court : Gujarat
..... access to or from his property and has suffered damage from such discontinuance or stopping up, and the provisions in the bombay highway act, 1955(bom.lv of 1955) in relation to the assessment apportionment, and payment of compensation shall, mutatis mutandis, apply thereto as they apply in relation to the ..... by respondent no.3, in our view, cannot be a ground to reopen question of allotment of land. 16. section 108 of the panchayat act 1993 pertains to vesting of certain land in panchayat by the government and reads as follows : 108.government may vest certain lands in panchayat.- ..... collector, bhuj resumed such land, which was alloted to panchayat for its gauchar purpose, in exercise of power under section 108 of gujarat panchayat act. collector, bhuj passed an order dated 19.11.2007 allotting area of 402 hectares 24 are and 2 sq. mtrs. of land in favour ..... fact that when public road or street is sought to be discontinued or closed, public is likely to be effected, the sarpanch or chairman acting on behalf of gram panchayat etc. is enjoined by the proviso to subsection (2) of section 96 to issue notice to them. it ..... closure of a highway under section 52 of that act. (4) where any open site or waste, vacant or grazing land vesting in government,has been vested by government in a panchayat whether before or after the commencement of this act .....Tag this Judgment!
Court : Mumbai
Reported in : 2004(3)ALLMR549; 2004(3)MhLj609
..... was a grant to a family in the name of senior member and the same is abolished, whether the provisions of section 4 of the bombay merged territories miscellaneous alienation abolition act, 1955 extinguish the ordinary rights and incidents in respect of such alienation under the person law of the parties?the full bench considered the question. the ..... ) was dealing with somewhat identical provision and the situation. the full bench was dealing with the provisions of the bombay merged, territories miscellaneous alienation abolition act, 1955 (hereinafter referred to as 'the bombay act') wherein similar provisions as of that act are existing in the bombay act. section 2(i) (i) defines alienation a grant or recognition on a grant. chapter iii of the ..... bombay act deals with abolition of alienations and conferment of occupancy rights grant of occupancy rights under section 6. section 6(3 ..... to do with the normal rights of a member of a hindu family under the personal law applicable to hindus.provision similar to those in the act, contained in the bombay inferior village watans abolition act (act 1 of 1959) came up for consideration before malvankar, j. in dhondi vithoba v. mahadeo dagdu, he held that after the abolition of .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1972Guj280; (1972)0GLR23
..... down. in gangadhar rakhamaji v. manjula gangadhar, 61 bom lr 442 = (air 1960 bom 42) a division bench of the high court of bombay was considering section 28 of the hindu marriage act, 1955 and section 8 of the bombay act. in that case, the husband had filed a petition for divorcee or in the alternative for judicial separation against his wife. it was tried ..... of the bombay act the high court of bombay laid down that appeal lay to the district court under section 8 and not to the high ..... judge, senior division, ahmednagar. an appeal against the decree passed in that petition was preferred to the high court of bombay. the question of the competency of that appeal arose before the division bench. section 28 of the hindu marriage act, 1955 contains provision for appeals and the material portion of that section is as under:'all decrees and orders made by the ..... court in any proceeding under this act . . . . may be appealed from under any law for the time being in force.'the expression 'any law for the time being in force' occurring in selection 28 of the hindu marriage act, 1955 took the high court of bombay to the consideration of section 8 of the bombay act. having con- sidered the scheme of section 8 .....Tag this Judgment!
Court : Mumbai
Reported in : 2005(1)ALLMR103; 2004(6)BomCR166; 2004(4)MhLj92
..... recovery of possession of immovable property or of licence fees or charges or rent thereof to which the provisions of bombay rent and hotels and lodging houses act, 1947 ('bombay rent act' for short); bombay government premises eviction act, 1955; bombay municipal corporation act ('bmc act' for short) and bombay housing board act or any other law for the time being in force apply. he further submits that the present suit is ..... recovery of possession of any immovable properly, or of licence fee or charges different 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 bombay housing board act, 1948 or any other law for the time being in force applies.maharashtra amendmentin its application to the state of maharashtra ..... charges are to be governed by the provisions of the court acts, namely; bombay rents, hotel and lodging house rates control act, 1947 ('rent act'); the bombay municipal corporation act ('bmc act'); maharashtra housing and area development act, 1976 ('mhad act') and the bombay government premises (eviction) act, 1955, then only provision of sub-section (2) of section 41 of the act will be attracted. he submits that section 41(2) is an .....Tag this Judgment!
Court : Mumbai
Reported in : 2007(4)ALLMR446; 2007(4)BomCR39; 2007(5)MhLj674
..... is not entitled to sublet, transfer or assign his tenancy rights. admittedly there was no notification issued by the government under proviso to section 15 of the bombay rent act, prior to 28th march 1955 permitting transfer of tenancy rights by a tenant in favour of a trust for educational purposes. some notifications were, however, issued by the state government permitting assignment ..... suit against shivram as a tenant ignoring the transfer or assignment of tenancy made by him in favour of the trust on 28th march 1955. however, in view of the amendment of the bombay rent act by the maharashtra act no. 17 of 1973 whereby not a transfer and assignment of tenancy rights made by a tenant prior to 1st february 1973 was ..... trust by the declaration dated 28th march 1955 was contrary to law being prohibited by the bombay rent act? 2. what is the effect of subsequent amendments made in the bombay rent act made by the bombay rents, hotel and lodging house (amendment) act, 1959 (bombay act no. 49 of 1959) and the bombay rents, hotel and lodging house rates control (amendment) act, 1973 ( maharashtra act no. 17 of 1973 ) on ..... favour of the trust by executing a deed of declaration dated 28th march 1955 (exh. p40). the prohibition against the transfer of tenancy rights contained in section 15 of the bombay rent act as it stood in the year 1955 was retrospectively removed by amendments made to the bombay rent act by bombay act no.49 of 1959. further more all assignments of tenancy made prior to .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2003SC1266; JT2003(2)SC335; 2003(2)SCALE288; (2003)9SCC358; 2SCR139; 2003(1)UJ654(SC)
..... remain in their occupation or possession were included in the definition of 'government premises' within the meaning of section 2 clause (b) of the bombay government premises eviction act, 1955.(4) in spite of such status of tenant having been conferred on the person in occupation or possession and the owner of the property having been ..... sub-section (1);(c) the operation and the application of the other relevant provisions of this act in respect ofsuch tenancy."certain consequential amendments were also effected in the bombay land requisition act, 1948 and the bombay government premises (eviction) act, 1955, which it is not necessary to notice and reproduce.the statement of objects and reasons accompanying ..... the continuance of requisition orders made in the late 1940s and early 1950s particularly of residential premises. two writ petitions, relating to premises requisitioned under bombay land requisition act, 1948 __ one of which was requisitioned for purposes of residential use and the other was requisitioned for commercial use of running fair price ration ..... the ordinance is very relevant and shall have to be referred to while dealing with the contentions raised by the contending parties before this court and therefore the same is reproduced hereunder :-statement"the bombay land requisition act .....Tag this Judgment!