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Judgment Search Results Home > Cases Phrase: bombay non agriculturists loans act 1928 maharashtra section 6 power to make rules Year: 1994 Page 1 of about 9 results (0.443 seconds)

Jul 20 1994 (SC)

Jilubhai Nanbhai Khachar, Etc. Etc. Vs. State of Gujarat and Another, ...

Court : Supreme Court of India

Decided on : Jul-20-1994

Reported in : AIR1995SC142; JT1994(4)SC473; 1994(3)SCALE389; 1995Supp(1)SCC596; [1994]Supp1SCR807

..... buildings appurtenant to land used for agricultural purposes and sites of dwelling houses and wades occupied by agriculturists, agricultural labourers or artisans and land appurtenant to such dwelling houses. under section 2(15) 'girasdar' means any taluqadar, bhagdar, bhayat, cadet or mulgirasia and includes any person ..... for decision, by common judgment. the appellants are successors of barkhalidars and girasdars. the erstwhile saurashtra state consisted of 220 princely states rules by sovereign rulers in their own rights. the lands in these appeals form present parts of surendra nagar and bhavnagar districts. in ..... the subsoil of the streets.51. the constitution of india, on the other hand in its historical background provided directive principles vis-a-vis the fundamental rights to realise social and economic democracy for successful working of political democracy in which the state in bound to ..... maharashtra agricultural lands (ceiling on holdings) act, 1961 does not violate articles 14, 19 and 31 of the constitution as it had received protection under article 31a by being included in the ninth schedule. in waman rao v. union of india [1981] 2 scr 36, this court upheld the validity of the bombay ..... make law for the state of gujarat or any part thereof. it is seen that amendment act had received the assent of the president.10. land in entry 18 is not restricted to agricultural land alone but includes non-agricultural land etc. the words 'rights in' or 'over land' confer very wide power .....

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Sep 12 1994 (SC)

K.S. Paripoornan Vs. State of Kerala and Others

Court : Supreme Court of India

Decided on : Sep-12-1994

Reported in : AIR1995SC1012; JT1994(6)SC182; 1996(7)KarLJ299; 1994(4)SCALE192; (1994)5SCC593; [1994]Supp3SCR405

..... basically, being agricultural right from kashmir to kanyakumari, irrespective of the fertility of land, the love and lure for it is the same. an agriculturist of tamil nadu is as much concerned as a cultivator in uttar pradesh and bihar. but the development of different state, the potential value of ..... to for the purpose of finding out the object intended to be achieved by the bill. [see : state of travancore-cochin and anr. v. the bombay co. ltd. : [1952]1scr1112 and aswini kumar v. arabinda bose, (supra)]. on a perusal of the bills of 1982 and 1984 we find ..... act which deal directly or indirectly with the right to receive compensation, jurisdiction and power to determine it and method and manner of its calculation and payment of interest on it are sections 4, 6, 8, 9, 11, 12, 15, 18, 23, 24, 28 and 34. they can be conveniently divided in two parts, one, the right and duty of the collector to make ..... is neither affected by the well-known rule of construction against retrospective interpretation, nor by anything to be imported from the expressions used in the earlier statutes in the series which has to be read in conjunction. the said decision which turns on the non-obstante clause in the subsequent statute has ..... council in municipal council of sydney v. margaret alexandra troy air (1928) p.c. 128, on which reliance was placed by shri sorabjee. in that case, a piece of land was acquired by the municipal council on june 6, 1924, and on the date of such acquisition interest on compensation .....

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Apr 27 1994 (SC)

Grahak Sanstha Manch and Others Vs. State of Maharashtra

Court : Supreme Court of India

Decided on : Apr-27-1994

Reported in : AIR1994SC2319; (1994)96BOMLR574; JT1994(3)SC474; 1994(2)SCALE705; (1994)4SCC192; [1994]3SCR746; 1994(2)LC244(SC)

..... section 6(4)(b) of the said act as originally enacted empowered the provincial government, as it then was, to 'require the landlord to let the premises to specified persons or class of persons or in specified circumstances'. the said act was amended so that section 3 stood deleted by section 2 of maharashtra act ..... categories such as homeless persons. at present, there are about 2300 requisitioned residential and about 247 non-residential premises in maharashtra. out of these about 1928 residential premises are in bombay alone and out of which 1779 premises were requisitioned in or before 1960 i.e. have already ..... a residential building was requisitioned by an order dated 9th april, 1951, by the state government in exercise of powers conferred by section 6(4)(a) of the said act. the flat was allotted to the appellant, h.d. vora, who was neither a government servant nor a ..... and fundamental distinction recognised by law between requisition and acquisition. the constitution itself in entry 42 of list iii of the seventh schedule makes a distinction between acquisition and requisitioning of property. the original article 31 clause (2) of the constitution also recognised the distinction between ..... 1986. president association of allottees of requisitioned premises, bombay v. state of maharashtra, originated upon a letter written to the then chief justice of india. it was treated as a writ petition and numbered accordingly. on 21st july,. 1986 rule was issued upon the writ petition and it was .....

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Sep 06 1994 (SC)

N. Nagendra Rao and Co. Vs. State of Andhra Pradesh

Court : Supreme Court of India

Decided on : Sep-06-1994

Reported in : AIR1994SC2663; JT1994(5)SC572; 1994(3)SCALE977; (1994)6SCC205; [1994]Supp3SCR144

..... not be susceptible to speedy and natural decay but it is expedient in public interest to ensure that it is either sold to the agriculturist or disposed of at least before the next season. this interim arrangement comes to an end once an order of confiscation is passed. ..... or even discrepancies in stock.6. however, this appeal is primarily concerned with nature of power exercised by the collector under sub-section (2) of section 6a of the act the purpose and objective of which is to make interim arrangement of the goods which are seized. the sub-section is extracted below :where ..... 1983crilj1644 , sebastian m. hongrary v. union of india : 1984crilj830 , women's recourses center v. commissioner of police, delhi : [1990]184itr548(sc) , state of maharashtra and ors. v. ravikant s. patil : (1991)2scc373 .in nilabati behera (smt.) alias lalita v. state of orissa and ors. : 1993crilj2899 hon'ble mr. ..... to that of the law. it was no different during british rule. the courts leaned in favour of holding the state responsible for the negligence of its officers. (see narayan krishna laud v. general norman, collector of bombay (1868) 5 bom h crp.1, a decision which has ..... ors. (1928) 41 clr 569 the distinction between sovereign and non-sovereign functions was categorised as regal and non-regal functions. the former was confined to legislative power, the administration of the laws and exercise of the judicial power. in respect of non-regal functions, which could be assumed by legislative power, the .....

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Mar 23 1994 (HC)

Sou. Jamunabai Parmananddas Shah and ors. Vs. Bajirao Seetaram Kalbhor ...

Court : Mumbai

Decided on : Mar-23-1994

Reported in : 1995(1)BomCR305

..... . nakhwa has relied on a decision of this court reported in 1981 maharashtra law journal, page 401, in the case of nariman sorabji parekh v.ramchandra janu mhatre. the issue involved in that case concerned basically the requirement under the bombay tenancy and agricultural act. section 33 namely obtaining of permission by a non-agriculturist to purchase agricultural land. the court upheld the view that such ..... order was still alive. similarly, mr. divekar relies on the references in the n.a. permission order to the effect that if breaches are committed, action as contemplated under the rules will be taken and that this action would proceed on the footing that the order was never in existence. logically, mr. divekar submits that it pre-supposes that the order ..... order in question was very much alive even in the year 1966. his submission is that merely because one government office issues the n.a. permission order and another one makes the entries in the revenue records, that aspect will be of no consequence because they are all authorities of the state and therefore, their actions will have to be viewed ..... holder, taking advantage of the fact that the plaintiffs had not got their names entered in the relevant records had decided to sell the same land to the defendant no. 6. they, therefore, issued a public notice in the daily 'prabhat' whereupon it is alleged that the defendants nos. 1 to 5 started threatening them and interferring with the plaintiffs possession .....

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Jul 29 1994 (HC)

Bangalore Water Supply and Sewerage Board Vs. Workmen and Others

Court : Karnataka

Decided on : Jul-29-1994

Reported in : 1995(1)KarLJ113

..... tribunal holding the board to be a local authority within the meaning of section 32(iv) and a non-profit making institution in terms of section 32(v)(c) of the act. 5. by a separate application moved by the petitioner employees in w.p ..... ' behind the establishment of the board was not to make profit. 35. mr. narasimhan, on the contrary, relied upon the judgment of the high court of bombay in maharashtra veej mandal kumar sangh v. maharashtra state electricity board and ors. 1988 (2) llj ..... 57. the court then proceeded to uphold the classification made by the provisions of the act and held that poverty and economic backwardness of the agriculturists debtors and their miserable conditions in which they live justify their being treated as a ..... of harm and may confine its restrictions to those cases where the need is deemed to be the clearest; and 6) that in order to sustain the presumption of constitutionally a court may take into consideration matters of common knowledge, matters ..... members appointed by the state government section 9 of the 1964 act, provides that the board shall be a body corporate having perpetual succession and a common seal, with power subject to the provisions of this act and the rules made thereunder, to acquire, hold ..... sewerage board is by reason of section 16 of the act under a statutory obligation to utilise the fund only for purposes specified in the said section such as payment of taxes and interests, payment of loan and other borrowings and operating expenses etc .....

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Jul 29 1994 (HC)

Bangalore Water Supply and Sewerage Board Vs. Workmen

Court : Karnataka

Decided on : Jul-29-1994

Reported in : ILR1994KAR2794

..... tribunal holding the board to be a local authority within the meaning of section 32(iv) and a non profit making institution in terms of section 32(v)(c) of the act.5. by a separate application moved by the petitioner employees in w.p ..... ' behind the establishment of the board was not to make profit.35. mr. narasimhan, on the contrary, relied upon the judgment of the high court of bombay in maharashtra veej mandal kumgar sangh v. maharashtra state electricity board and ors., 1988(2) llj 134 ..... 57. the court then proceeded to uphold the classification made by the provisions of the act and held that poverty and economic backwardness of the agriculturists debtors and their miserable conditions in which they live justify their being treated as a ..... of harm and may confine its restrictions to those cases where the need is deemed to be the clearest; and 6) that in order to sustain the presumption of constitutionality a court may take into consideration matters of common knowledge, matters ..... members appointed by the state government. section 9 of the 1964 act, provides that the board shall be a body corporate having perpetual succession and a common seal, with power subject to the provisions of this act and the rules made thereunder, to acquire, hold ..... sewerage board is by reason of section 16 of the act under a statutory obligation to utilise the fund only for purposes specified in the said section such as payment of taxes and interests, payment of loan and other borrowings and operating expenses .....

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Jun 10 1994 (HC)

R.S. Deboo, (since deceased by L.R's) Vs. Dr. M.V. Hindlekar and Anoth ...

Court : Mumbai

Decided on : Jun-10-1994

Reported in : AIR1995Bom68; 1995(1)BomCR17; (1994)96BOMLR60

..... always a question of fact or at the most a mixed question of fact and law. (5) in a case governed by sections 151 and 152 of the contract act, the non-return of article entrusted by the plaintiffs to the defendant by itself is prima facie proof of negligence of the bailee. it ..... natraj reported in air 1970 mys 154. in the said case a. narayana pai j. held that the liability under section 151 of the contract act could not be 'contracted out' as the said section was not expressly made subject to the contract to the contrary. as against this, the learned counsel for the appellant relied ..... be manifestly unreasonable, arbitrary and opposed to public policy. 3. the plaintiff no. 1 is a leading medical practitioner residing at 'summichha' s.v. road, bombay 92. the plaintiff no. 2 is the wife of plaintiff no. 1 and is also a medical practitioner. the plaintiff no. 2 has unfortunately expired. the ..... whatsoever. in para. 8 of the written statement, the defendant contended as under: 'the defendant submits that he is not liable to give inspection or make any such disclosure to the plaintiffs.'the defendant refused to disclose any information whatsoever regarding the insurance obtained by the defendant against the risk of fire in ..... below:-- (1) (1875) 32 l t 709; (2) (1930) 1 k b 41; (3) 1918 a c 837; (4) air 1928 bom 5; (5) air 1939 bom 101; (6) . the learned counsel for the appellant endeavoured to distinguish the judgment of lord denning in the case of thoraton v. shoe lane parking ltd. reported .....

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Oct 18 1994 (HC)

Dayandeo Dattatraya Kale and ors. Vs. State of Maharashtra and ors.

Court : Mumbai

Decided on : Oct-18-1994

Reported in : 1995(3)BomCR86; (1995)IILLJ597Bom; 1995(2)MhLj930

..... maharashtra co-operative societies act in order to ascertain the position. under section 11, the registrar has power to decide whether the person is an agriculturist or not and whether he is eligible for membership. section 12 relates to classifications of societies which the registrar has to make. registrar has power ..... no. 2. the aims and objects of the bank are to finance co-operative societies; to advance loans to the agriculturists, to advance loans to ordinary and nominal members of the society, to purchase, sell, transfer, endorse or pledge government ..... district central co-operative bank employees union. according to him, this is an union recognised under the bombay industrial relations act and that this union represents all the employees. khotkar has practically adopted the same stand taken by respondent ..... societal sectors or the handicaps of either sex may compel selectivity. but save where the differentiation is demonstrable, the rule of equality must govern.' 46. the learned counsel for the petitioner has contended that the ladies could be posted ..... certiorari will be issued to quash determination of the compensation by criminal injuries compensation board, a non-statutory body set up by administrative action for discharge of a public function. the board can be ordered ..... the candidates. the exclusion of the female candidates also invites breach of the constitution under articles 15 and 6 and this is an additional ground to quash the selection. this is on the basis of the fact .....

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