Court : Mumbai
Decided on : Oct-06-1995
Reported in : 1996(2)BomCR703
..... this court, with reference to the provisions of section 63 of the bombay tenancy and agricultural lands act, 1948, did held as under :--'12. the terms of section 63 speak of sale being invalid and permission being granted by the collector. though it does not say in so many terms that permission in case of a non-agriculturist and person not an agricultural labourer must be ..... the defendant avoided to execute the sale-deed?(5) whether the defendant borrowed rs. 1200/- from plaintiff's father and executed an agreement of sale as a security to the loan amount which was nominal and never to be acted upon?(6) whether the defendant had repaid rs. 1500/- to the plaintiff, but the plaintiff refused to hand over the same dated 27 ..... is prepared to bid at such sale'. therefore, under rule 36, the collector will grant permission if he is satisfied in the case of a court sale in execution of a decree of a civil court, that no agricultural labourer or an agriculturist holding land less than the ceiling area, is prepared to make any each bid. that is the only condition which ..... who being an agriculturist will, after such sale, gift, exchange, lease or mortgage, hold land as tenure-holder or tenant or partly as tenure-holder and partly as tenant exceeding two-thirds of the ceiling area determined under the maharashtra agricultural lands (ceiling on holdings) act, 1961, or who is not an agricultural labourer :provided that the collector or an officer authorised by .....Tag this Judgment!
Court : Karnataka
Decided on : Oct-12-1995
Reported in : ILR1995KAR3139; 1995(6)KarLJ476
..... the government as contemplated under section 3(f)(vi) of the land acquisition act and the power under sections 4(1) and 6(1) has been exercised for extraneous considerations at the instance of persons who had no role in the decision making process. it is also ..... learned counsel all co-operative societies formed round about in 1988 were only to grab lands from poor farmers and agriculturists and as such the present society is in no way different from the societies which are parties before the supreme ..... referred to hari singh v. state of u.p : 3scr417 .; ramjas foundation v. union of india 1993 sc 852; state of maharashtra v. digamber : air1995sc1991 ; and state of m.p. v. nandalal : 1scr1 . learned counsel further contended that allegations of ..... us that independence of judiciary is lost just because the judges have become members of the society. a single judge of the bombay high court in r. j. mehta v. his lordship the chief justice venkat srinivas deshpande and ors. : air1982bom125 , has ..... without any basis and without furnishing any details and there is no violation of the principles of natural justice or the rules prescribed regarding the green belt area.15. sri vasudeva, the petitioner in w.p.11211/95 contended that according ..... in favour of the petitioner.30. though we have held that the land acquisition proceedings are vitiated for non-compliance of section 3(f)(vi), we think it is necessary to deal with the other questions raised before us also. the contention of .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jan-27-1995
Reported in : 1995(1)ALT468; 1995(1)ALT(Cri)332; 86CompCas487(AP); 1996CriLJ636
..... (vi) whether section 22 of the sick industrial companies (special provisions) act, 1985, prohibits launching of prosecution under section 138 of the act? re. (1) : clause (1) of article 246 of the constitution of india confers exclusive power on the union parliament to make laws ..... of money or for the enforcement of security against an industrial company or any guarantee in respect of any loans or advances granted to the industrial company shall lie or be proceeded with further except with the consent of ..... dange : 1974crilj313 , a case concerning the prevention of food adulteration act. 34. the ruling of the supreme court in gujarat travancore agency v. cit : 177itr455(sc) and akbar badrudin jiwani of bombay v. collector of customs : 1990(47)elt161(sc) , cited ..... not exceeding three years and fine not exceeding rs. 5,000. that is why, the section begins with a non-obstante clause. further, under section 4(2) of the code of criminal procedure, offences under any law other than the ..... the offence is not made out. 26. interpreting the provisions of sections 8, 23(1a) and 24 of the foreign exchange regulation act, 1947, rajagopala ayyangar j., speaking for the majority in state of maharashtra v. mayer hans george : 1scr123 , held : ..... spirit act was not an excise duty and, therefore, not ultra vires the powers of the state legislature. 15. in subramanyan v. muttuswami , applying the doctrine of pith and substance, gwyer c. j., held that the madras agriculturists relief act, 1938 .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-18-1995
Reported in : JT1995(3)SC581; 1995(2)SCALE772; 1995Supp(3)SCC475; 3SCR377
..... charges (c)outside repairs (d) salaries/wages (e) overheads vi. interest payable. (1) capital loans and deposits (nrd/rd) (2)working capital vii. bonus - minimum 8.33% viii.education fund under section 68 maharashtra cooperative societies act. audit fees. other provision. dsi/sakhar singh grand total of ..... its disbursal and the interest to be paid on such deposit.bye-law 65b gives power to the board of directors to collect deposits by making deductions from the price to be paid to all sugarcane suppliers and states that such ..... it was urged that such zoning could not be used to enforce a cooperative pricing system contrary to the statutes and rules. the approach does not appear to be correct as it assumes that price fixation is undertaken for cooperative societies as they ..... government is not refunded completely or the loan taken from the financial institution is not repaid. the board of directors which are referred in the bye-laws are none else than the agriculturist or the cane growers themselves. it is ..... thus legitimately claim that the price fixed for the cane was not productive. the affidavit also pointed out that the non-members have not organised themselves so as to entitle their representative to be invited. hearing of every individual grower ..... on enrolment of the members was also challenged. a division bench of the bombay high court in the ruhuri sahakari sakkhar karkhanu ltd. and anr. v. state of maharashtra and ors. : air1987bom248 held that the order was not violative of the .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Dec-26-1995
Reported in : (1996)57ITD109(Delhi)
..... section 3(26) of the bombay general clauses act, 1904. as against the said two acts, the punjab act and the delhi act do not contain such a provision. we have, therefore, to examine as to whether the said provisions in the maharashtra act and the gujarat act ..... section each market committee will consist of 14 members, six members to be elected by agriculturists residing in the market area and holding agricultural land in the union territory of delhi. the administrator has, however, power to nominate 3 members representing agriculturists from among the residents of 6 ..... grant, renew, refuse, suspend or cancel licences, prosecute persons for violating the provisions of that act and the rules and bye-laws made thereunder; arrange for collection of such agricultural produce in the market area in ..... the market committee including sums realised by way of penalty and loans raised from the administrator. in view of the foregoing provisions of the delhi act, the apmc, azadpur cannot by any stretch of imagination be ..... under section 5 of that act. it is further observed that the market fund is expended for various purposes specified in section 40. thus a perusal of the said provisions and certain other provisions of the act makes it ..... section 2(31) of the i.t. act, which define the expression "person". the said definition is an inclusive definition and sub-clause (vi) includes a local authority within the meaning of "person". he submitted that in case the person as referred to in section 2(31) is non .....Tag this Judgment!