Court : Mumbai
Decided on : Jul-07-1997
Reported in : 1997(4)ALLMR321; 1998(1)BomCR258; 1997(3)MhLj215
..... the course of his submission, shri sali relied upon number of provisions of the bombay co-operative societies act, 1925, maharashtra co-operative societies act, 1960, bombay tenancy & agricultural lands act, 1948 and bombay tenancy & agricultural lands rules, 1956. further, he has supported his submissions by unreported decision of this court ..... by and between the parties and that would be perfectly valid. thus, after construing section 63 of the tenancy act and the rules framed thereunder, rule 36 and proviso thereto, would make it clear that prior permission is not at all necessary and, therefore, the authorities ..... a person who is not an agriculturist (or who being an agriculturist (will after such sale, gift exchange, lease or mortgage, hold land exceeding two-thirds of the ceiling area determined under the maharashtra agricultural lands (ceiling on holding) act, 1961 or who is not an ..... co-operative society as security for the loan advanced by such society (or any transfer declared to be a mortgage by a court under section 24 of the bombay agricultural debtors' relief act, 1947.' the question of application of section 64 does not arise in the ..... 6 acres was previously under cultivation and crops like shalu etc. were grown, from the year 1964-65, the entire land appears to have been left fallow. respondent no. 2 agreed to sell 8 acres of land from survey no. 109 in favour of the petitioner and, therefore, made an application to the collector of pune, for grant of permission for non .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-11-1997
Reported in : 1998(5)BomCR12; (1998)1BOMLR547; 1998(2)MhLj634
..... constitute a criminal cause or matter'.the provisions contained in sub-section (2) of section 14 of the administration of justice act, 1960 make is absolutely clear that notwithstanding anything in any enactment or rule of law, where a criminal or civil application for habeas corpus ..... decision of the first petition was not raised and decided in this case. in keshavrao jagatrao bhosale v. the state of maharashtra and others. writ petition no. 1112/1985, decided on 12th august 1986, this court was dealing with the case of ..... high court under article 226 since obviously the right under article 32 itself is a fundamental right. any restraint on the power of the apex court under article 32 would be contrary to the wide sweep of the constitutional protection given by article ..... application no. 923/96 in cri.w. no. 1238/95 before the high court of bombay seeking parole for the detenu which is corning up on 10-6-96, for disposal. in that application reliance is placed on the same medical certificate dated ..... 25-1 -96 (annex-e). the delay in consideration of the said representations by the central government and their non-consideration and the non-communication of the reply by the detaining authority also is violative of art. 22(5)'.before considering this contention, ..... eshugbayi eleko v. government of nigeria, 1988 a c 459: a.i.r. 1928 pc. 300 of the judgment, the full bench categorically held that the high court acts through a judge or judges nominated by the chief justice for that purpose, but .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-07-1997
Reported in : AIR1997SC2591; 1997(3)ALLMR(SC)709; 1997(4)SCALE339; (1997)6SCC12; Supp1SCR238
..... , the title of the act as well as the charging section 3 employ the words 'duty on supply of electricity'. under article 246(3) of the constitution, every state legislature has explicit power to make law for that state with ..... meaning of a word in order to reconcile two conflicting provisions in two legislative lists. the cardinal rule of interpretation, however, is that words should be given their ordinary, natural and grammatical meaning subject ..... the land has been widely interpreted. in navinchandra mafatlal v. the commissioner of income-tax, bombay city  1 scr 829 a constitution bench had observed that the question before this court related ..... collection of land revenue from agriculturists for use of water for cultivation purpose. admittedly, the use of water by the appellant, is for industrial purpose. by operation of section 70 read with section 20 of the code, ..... power conferred in it by section 70 of the maharashtra land revenue code, 1966, the government is pleased to sanction the following rates for the use of water (the right to which vest in government and in respect of which no rate is liable under any law in force in any part of the state) for non-agriculture purpose. ___________________________________________________________ non ..... to make payment which has no legislative sanction. alternatively, as the last straw on the camel's back, learned counsel for the appellant contends that the collector has no power to levy cess with retrospective effect.6. shri .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-11-1997
Reported in : AIR1997SC3297; JT1997(6)SC449; 1997(4)SCALE746; (1997)8SCC191; Supp2SCR305
..... of immovable property. section 6 gives revisional power to the state government. section 6-a provides for penalties for contravention of the provisions of the regulation. section 7 prescribes limitation for purpose of initiating proceedings under the regulation. section 8 gives power to the state government to make rules. section 9 provides for 28 repeal of repugnant provisions of the madras act 1 of 1917. section 10 provides for saving ..... simple people who can be and are exploited with ease by plains folk, resulting in the passage of land formerly cultivated by them to money-lenders and other erstwhile non-agriculturists. while a good number of superstitious and even harmful practices are prevalent among them, the tribes have their own customs and way of life with institutions like tribal ..... lender remains in possession and enjoys the produce from the land for a fixed number of years or till the principal sum is repaid; by advancing cash and kind loans (namu) and lending commodities like food grains mostly for sustenance during the lean months or for seedlings, on the condition that the same would be repaid in ..... sections 73-a and 79-a in the bombay land revenue code, 1879, and imposed ban on transfer of land of tribes in those scheduled villages in which survey and settlement had not been introduced without previous permission of the collector. the maharashtra land revenue code and tenancy laws (amendment) act, 1974 and the maharashtra (restoration of lands to scheduled tribes) act, .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-30-1997
Reported in : 1998(1)ALLMR409; 1998(2)BomCR575
..... . it is further contended that the hon'ble single judge erred in interpreting section 73-f r/w sub-clause (6) of section 2 of the act r/w rule 10 of the maharashtra co-operative societies rules, 1961, under the act r/w bye-laws. it is further contended that the bank had given loans to its employees and there is no resolution passed by the bank admitting ..... bank laid down in the bye-laws, the bank is to finance co-operative societies in the beed district affiliated to the bank and the bank is to advance loans to agriculturists admitted as ordinary or nominal members on personal security or upon security of immovable or movable property including crops or produce for raising of crops or for marketing agricultural produce ..... are completed. if at such a late stage, any interference is caused in the election by the high court by exercising powers under article 226 of the constitution of india, it will not be proper. there are rulings of the bombay high court as well as of the supreme court wherein it is mentioned that the high court should exercise restraint in interferring ..... where the high court should exercise the powers under article 226 of the constitution of india.37. ruling on which the learned counsel for the petitioner has relied upon itself makes it clear. the observations in paragraph no. 22 of the said judgment are relevant:'the second question relates to the exercise or the non-exercise of the power under article 226 on the facts .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Mar-21-1997
Reported in : (1997)116PLR7
..... section 15 contains the provisions relating to disposal of land. section 30 speaks of control by the government. section 53 empowers the government to make rules for carrying out the purposes of the act. section 54 empowers the huda to frame regulations. in exercise of its powers under section 54 of the act ..... were passed at the behest of the respondent no. 3 shows that the public property acquired by the huda from agriculturists and others was treated as a private property of hon'ble the chief minister. these allotments have left an indelible ..... for and was allotted a plot in urban estate panchkula. in their application, both these actresses have given their addresses of bombay.56. the abovementioned facts show that the allotment of plots measuring 10 marlas to 2 kanals have been made in favour ..... the same statute of the clear intention of it requires that to be done.'in green v. premier glynrhon-ay slate co., (1928)1 kb 561, scrutton, l.j. stated :-' you do sometimes read 'or' as 'and' in a statute. but, ..... the plans sanctioned by the huda before the date of the publication of the notice of this petition i.e. 6.6.1996. however, the huda shall issue general instructions restraining the alienation of the constructed houses/buildings to third parties ..... officials of the huda/their wards and twenty seven defence personnel. these lists also show that as many as six non-resident indians who are living in japan, united states of america, sweden applied for allotment of plots measuring 14 marlas .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-11-1997
Reported in : 1998(4)BomCR124; 99CompCas153(Bom)
..... in jeopardy. shri doctor also relied upon the decision of the apex courtreported in maharashtra tubes ltd. v. state industrial & investment corporation of maharashtra lid. and another : 1scr340 in support of his submission.19. shri ..... section 6 of said act, no appeal would lie from an order passed on such an objection filed under section 47 of the c.pc.16. shri doctor also relied upon the decision of lahore high court reported in bhai kirpa singh v. rasalldar ajaipal singh & others a.i.r. 1928 ..... dispute involved in it would require the sanction of the court should also point out that sub-rule (5) of rule 3 of or. 32 provides that a person appointed guardian for the suit for minor shall ..... specified in clause 2 above and/or breach of any other terms hereof, the court receiver high court bombay shall forthwith stand appointed as receiver in respect of the stocks of good and book debts described in ..... company in any manner whatsoever. in the circumstances the words 'of any guarantee in respect of any loans, or advance granted to the industrial company' in the context will have to be read the guarantee ..... in annexure a and b hereto without any further orders from this hon'ble court with full power to take possession of said securities, forcibly if necessary and to sell the same in execution by ..... nos. 1 to 3 for creating the mortgages in respect of the property mentioned therein and also make out marketable title to the properties so agreed to be mortgaged. in the event of default it .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-15-1997
Reported in : 1998(2)ALLMR755; 1998(5)BomCR312; 1998(1)MhLj751
..... and the law has been extended. while considering this question of jurisdiction arising by virtue of claim under section 6 of the admiralty courts act, the supreme court has undoubtedly widened the admiralty powers of the court. however, it is clear on reading of the judgment that the supreme court is in ..... admiralty jurisdiction of the high court would in any case have been considered to have progressed upto the level of the english administration of justice act, 1928, which was the last of a series of enactments in england on the subject prior to 1947, and consequently the indian high court would ..... 1876 (2) ex. d.63. 'for writers on international law, however, valuable their labours may be in elucidating and ascertaining the principles and rules of law cannot make the law. to be binding, the law must have received the assent of the nations who are to be bound by it.... nor, in ..... and subject to the appellate or discretionary jurisdiction of this court, the high courts have unlimited jurisdiction, including the jurisdiction to determine their own powers; see naresh shridhar mirajkar v. state of maharashtra, : 3scr744 . as stated in halsbury's laws of england 4th edition, vol. 10, para 713 : 'prima facie, ..... cables is shown on the admiralty charts of the approaches to bombay port, which are mandatory required to be kept on board all ships coming to bombay port. the area proximate to the route of the cables is therefore a non anchoring zone and so shown on the said chart. all ships .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-01-1997
Reported in : 1998(1)BomCR568; 1998BomCR(Cri)201; I(1998)DMC94
..... reason her husband had deserted her. in such circumstances when the family of sharda was belonging to a low income group of agriculturists and sharda was also not working in the field nor was doing any work in the house it would be natural if ..... fits or was lunatic, she was also living with the accused. asha's husband accused no. 2 was in service in bombay and therefore asha was living with her mother-in-law and other family members as stated above.4. according to the prosecution ..... in point of time. another statement or dying declaration of asha is recorded by the executive magistrate vishwanath revkhande p.w. 6. it is on the basis of the statement recorded by the executive magistrate copy of which was forwarded to satara city police ..... in order to bring home the offence punishable under that section. the division bench of this court has pointed out in 1993 (1) bcr 473, arjun dhondiba kamble and others v. the state of maharashtra, that the harassment of a woman with a view to ..... answer form as is required to be recorded as per the rules. they are in narrative form. however, if in substance the statements are found to be trustworthy then for non observance of certain procedure or rules will not have much effect on its reliability.27. we ..... the provisions of sections 113a and 113b are very clear in this regard. the judgment of this court referred to above also makes it clear. in the case of sharda therefore in order to prove that the appellant abetted her in the act of commission of suicide .....Tag this Judgment!