Court : Chennai
..... state on the ground that the provisions of section 3(1) and 4 which provide for annulment to transfers by tribals incidentally trench upon the existing law, namely, the transfer of property act, 1882 or a law made by parliament viz., the specific relief act, 1963. the power of the state legislature ..... was clearly within the legislative competence of the state legislature being relatable to entry 8 in list 2 of the sch. 7. decision of bombay light court d/-21 and 27-6-19894 affirmed.43. besides the above, the learned counsel for the respondents cites the decision of this ..... of the defendants and their family members right from 1930 without any interference. alternatively, the defendants have taken a plea that they have perfected title to the suit property by means of adverse possession by themselves and their family members and their predecessors in interest have been in uninterrupted ..... has agains been reiterated in lingappa pochanna v. state of maharashtra, the second ground of attack viz., the unconstitutionality of the restrictions contained in cl.(9) of special form d, board standing order 15, paragraph 9 must also fail and holding that cl.(9) is constitutionally valid, we reject the argument raised to ..... 25.10.1930, the land has been in possession and enjoyment of palani and his legal heirs and it is the defendant's family who were raising the crops right from 1930 and in short rangai gowder or the appellant/plaintiff or the appellant/plaintiff's predecessor have never raised any .....Tag this Judgment!
Court : Mumbai
Reported in : 2008(5)ALLMR776; 2008(2)BomCR159; (2008)110BOMLR156; 2008(3)MhLj475
..... are two among these enactments. the hindu succession act of 1956 (hereinafter referred to as the said act of 1956, for short) came into force on 17th june, 1956. it has codified law of intestate succession among hindus. section 14 of the said act of 1956, subject to certain qualifications, confers full heritable status to a female heir in respect of property acquired by her ..... criticised by the learned counsel for the plaintiffs. though it is true that mutation in the record of rights does not create any right, title, or interest, however, it has presumptive value under section 157 of the maharashtra land revenue code, 1966. this presumption is rebuttable. however, such evidence has to be led by the person not accepting the mutation entry ..... is subsequent to his death. transfer of the suit property by defendant no. 1 tulsabai in favour of defendant nos. 2 and 3 is illegal. with this pleading, relief of declaration and cancellation of the sale deed was sought.7. written statement of defendant tulsabai seems to have been filed on 25th december, 1976 at exhibit-17. according ..... is sub-divided into four minor schools viz. (i) banaras school, (ii) mithila school, (iii) maharashtra or bombay school (western india) and (iv) dravida or madras school (southern india). issues regarding succession, inheritance, marriage, religious usages and institutions are decided according to hindu law. exception, of course, is of change by legislative enactment.11. dayabhaga school system prevails in bengal, .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2003(6)ALT248
..... and anr. v. the state of maharashtra, : 1965crilj544 and anr., gopal lal v. state of rajasthan, : 1979crilj652 and also the decision of bombay high court referred (3) supra. the learned counsel also had taken me through the hyderabad (application of central acts) act, 1952 and also the adoption of laws, 1957. the learned counsel also pointed out that section 421 of the hyderabad penalcode 1324 ..... marriages of this type give rise to legal relationship, which the law accepts. even prior to the hindu marriage act came into force, no doubt in certain provinces like bombay and madras, the bombay prevention of hindu bigamous marriages act, act 25 of 1946, and the madras hindu bigamy prevention and divorce act, act 6 of 1949, were brought in and as far as telangana area is concerned, prior to ..... legally wedded wives of sri rajeshwar reddy?(2) whether the children of these wives who are impleaded as parties, are entitled to their respective shares?(3) if so, to what relief the parties are entitled to?15. points 1 and 2 for the purpose of convenience can be discussed together. the plaint a schedule properties are the self-acquired properties of ..... the 9th defendant is the daughter of rajeshwar reddy through the 8th defendant. rajeshwar reddy died intestate on 16-8-1981 leaving behind the plaintiffs and defendants 1 to 9 as his legal heirs. the plaintiffs 2 to 8 are entitled for 1/15th share each and the 1st plaintiff is entitled to 1/45th share in the suit properties. the defendants .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1996Guj72
..... of this litigation, close examination of relevant provisions of law has become necessary.26. the ruling of the bombay high court in the case of arun industries v. state of maharashtra, reported in 1990 (3) bombay c. r. 472, will also not assist dr. singhvi for the plaintiff in this case. it ..... besides, in a case like passing-off action, the entire matter is decided at the stage of deciding the fate of an application for interim relief. if the order under challenge in appeal is found to be patently erroneous, in law, it becomes the duty of the appellate court to ..... the application at exhibit-6 is concerned, the application of the re-visional petitioner for inventory by appointment of a commissioner under order 20, rule 9 read with order 39, rule 6 of the civil procedure code, 1908 (the code for brief) has come to be rejected by the aforesaid order passed ..... person other than the last ruler, named, maharaja fatesinhrao gaekwad, in his book bearing the title 'sayajirao of baroda' with its sub-title 'the prince and the man' published in 1989 by popular prakashan at bombay. besides, under the covenant at page 62 in volume iv of the paper book, the ..... act of 1956 would not apply in the present case, the succession to the non-state private properties in the hands of the deceased last ruler will be governed by the special enactment (the hindu nibandh). 1 am shown a xerox copy of the book. the rules of succession are found at page 79 in chapter 30 thereof. section 197 thereof speaks of heirs .....Tag this Judgment!
Court : Delhi
Reported in : 156(2009)DLT637
..... the wife but also on behalf of the minor children. in this context, he referred to the cause title of the suit itself which stated 'suit for maintenance and separate residence under section 9 civil procedure code read with section 18 and 20 of the hindu adoption and maintenance act, 1956 and for permanent and mandatory injunction.'4. mr. narula submitted that the minor children acquire an ..... coparceners, but when there is none entitled to enjoy it as coparcener, blossoms into a full right.9. he also relied upon the judgment of the bombay high court in the case of krishna madhav ghule and ors. v. padminibai mohan ghule reported in 1977 maharashtra law journal wherein it was held as under :12. what remains is the point which has ..... of arguments mr. sundaram has primarily argued that the appellants/plaintiffs have no right to claim maintenance against the respondent no. 1/defendant no. 2. however, from perusal of reliefs claimed in the plaint, we find that the appellants/plaintiffs have claimed not only maintenance but also perpetual injunction restraining both the defendants from selling their assets as per list ..... . in the other category are those where the liability is dependent on the possession of coparcenary property. assuredly the liability to provide for the maintenance of the disqualified heir under the hindu law would fall under the latter category also i.e. it is not confined to the particular relationships which cast the obligation to maintain. thus a brother would .....Tag this Judgment!
Court : Mumbai
..... contended that it is neither a residential nor a commercial premises. it is not covered under section 5(11) (c ) (i) or (ii) of the bombay rent act, 1947 or section 7(15)(d) of the maharashtra rent control act, 1999. it would have to be seen in the suit whether a garage would devolve upon ..... an interest by virtue of his/her birth in a family would become a coparcener, a coparcenery being a much narrower body than a hindu joint family. 9. counsel on behalf of the defendant has also produced the law lexicon page 416 showing the definition of coparceners thus: coparceners. otherwise called ..... deceased. the garage may revert back to the owner upon the death of the tenant or may devolve upon the heirs in equal shares. upon such consideration of the law the title which may pass upon the bequest would be considered. pending that the garage must be protected against alienation and sale ..... parties are required to be seen for the grant of the injunctive reliefs claimed. the plaintiff has set out the properties comprising the estate of the deceased in the list of immovable properties exhibit-c and the list ..... permanent injunctions against alienation. 3. the defendant has filed his affidavit-in-reply to the notice of motion to oppose the grant of ad-interim reliefs. the plaintiff has filed the rejoinder thereto. 4. for considering the properties which constituted the estate of the deceased the cases of the respective .....Tag this Judgment!
Court : Mumbai
Reported in : 2007(2)ALLMR477; 2007(5)BomCR286
..... even otherwise unjustified. section 59 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971:7. section 59 of the mrtu & pulp act, 1971 consists of two parts. in the first part the section imposes a bar on any authority entertaining proceedings under the central act (the industrial disputes act, 1947) or the bombay act (the bombay industrial relations act, 1946). the bar ..... of schedule ii contending that the action of the employer calling for the execution of a bond amounted to a lockout. the industrial court in an application for interim relief held that the union had made out a prima facie case of a lockout and directed the employer to allow the workmen to resume their duties. 22. the ..... proceedings before the 6th labour court under mrtu & pulp act.the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 : provisions to regulate strikes and lockouts.objects. 16. the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 as its long title indicates is an act 'to provide for the recognition of trade unions for ..... it is the subject matter of the proceedings which must fall within the scope and purview of the mrtu & pulp act, 1971. 9. the mrtu & pulp act, 1971, has received the assent of the president. in interpreting the provisions of section 59, the court must effectuate the object of the legislature in enacting the provisions and a purposive interpretation must be .....Tag this Judgment!
Court : Mumbai
Reported in : 1999(4)ALLMR683; 2000(1)BomCR670; (2000)2BOMLR891
..... that the sale deed obtained by the purchases from the landlord dated 5-9-1969 has been obtained while the proceedings under section 29 the bombay tenancy and agricultural lands act were pending and that the final adjudication of the maharashtra revenue tribunal is in favour of the tenant for obtaining possession from landlord ..... and the purchasers. initially, by order dated 8-1-1973, the civil judge, junior division, koparagaon disposed of the said execution petition as no relief can be granted as sought. against the said judgment, the original tenant nababbi filed a regular civil appeal no. 165 of 1975 which was decided ..... subservient to the rights of the parties to the litigation, seems to have been overlooked. the doctrine is not applied so as to affect the title of the alienee pending litigation. ...'no doubt, it is settled principle that the conveyance will not be void, illegal, but the said conveyance ..... advocate to deliver possession of the land to the decree holder is contrary to the decree and, therefore, said direction be set aside. in short, the challenge is to the executability of the decree on a ground that the decree of the perpetual injunction is the personal decree and ..... and further directed to give opportunity to the purchasers before passing the orders. it appears that thereafter the original tenant nababbi expired and, therefore, her heirs, namely, the present tenants are brought on record by order dated 29-3-1986.7. when the darkhast was pending, it appears that on .....Tag this Judgment!
Court : Andhra Pradesh
..... , city civil courts, hyderabad.2. originally petitioner herein (1st respondent in i.a.) filed the above o.p.no.1949 of 2013 under section 9 of the arbitration and conciliation act, 1996 (for short the act) seeking the following reliefs.1. to appoint advocate commissioner to forthwith inspect the office of the 1st respondent situated at 101,102, venkatarama towers, m.no.3-6- ..... invited to treatise by justice g.p. singh, (11th edition). it was urged by shri singhvi that in the aforementioned judgments of the bombay high court, excepting the judgment in century textiles and industries ltd. vs. state of maharashtra (cited supra), this question has not fallen for consideration at all. the full bench and more particularly, the learned single judge (hon ..... cases by blindly placing reliance on a decision is not proper."now, when we examine all the bombay high court's judgments on the basis of this ratio, it is clear that excepting the decision in century textiles and industries ltd. vs. state of maharashtra (cited supra), such position could not be obtained. there can be no dispute about the ..... judgments in lallubhai kevaldas and anr. vs. the state of maharashtra and ors. (cited supra), irkar sahu's and anr. vs. bombay port trust (cited supra), century textiles and industries ltd. vs. state of maharashtra (cited supra) including this court judgment in maharashtra rajya mathadi transport and central kamgar union vs. state of maharashtra and ors. (cited supra). the learned single judge noted .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1981Bom343; 1980MhLJ428
..... maharashtra agricultural lands (ceiling on holdings) act, 1961, and the words 'acquire by transfer' used in the said ceiling act were being interpreted. still the ratio of that decision to some extent certainly applies to the present case. the court has observed as under (at pp. 80 and 81 of air) :--'in section 9 ..... hence the additional land which the respondent no. 4 got on partition had to be taken into consideration for granting the relief on the view taken by the division bench of this court. thus, on the date of the order the respondent ..... will he also necessary to refer to certain basic facts and assumptions in that case. one mohanlal formed a joint hindu family consisting of his son lakhanlal and a widow radhabai. mohanlal died on 15-4-1938 and the shares of ..... a certain judgment of the high court, it has become necessary to amend certain provisions of the bombay tenancy and agricultural lands (vidarbha region) act, 1958, for making the intention of the legislature clearer in respect of those provisions. it is ..... dattatrava died on 29-12-1960, leaving he-hind him as his legal heirs his widow and two married daughters; out of them maltibai being one. thus, legal heirs of dattatraya succeeded to the estate of dattatraya and the estate included agricultural ..... a title and only enables a party to obtain, what his own but in a definite or specified form or share, the partition is not included in transfer. it appears that the legislature at the time of enacting the said provision acted under .....Tag this Judgment!