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Judgment Search Results Home > Cases Phrase: bombay reorganisation act 1960 section 89 power to construe laws Year: 1990 Page 1 of about 29 results (0.377 seconds)

Aug 20 1990 (HC)

Sheshappa S/O Narayan Rakhewar, (Died) Per L.Rs. Vs. Narottam S/O Jain ...

Court : Mumbai

Decided on : Aug-20-1990

Reported in : 1991(1)BomCR143

..... to which the law was applied by erstwhile government of hyderabad by issuing notifications should be included in the schedule or ..... by implication, the adaptation of laws order, 1956, has repealed all notifications which were extending the application of hyderabad rent act to the areas which are not included in the schedule. shri lovekar further submits that the power given under section 120 of the states reorganisation act, 1956, had given an opportunity to the state government of the new state of bombay to consider whether the areas ..... the government within one year from the appointed day to adopt any of those laws or with such modification repeal or amend as may be necessary or expedient. section 120 of the states reorganisation act, 1956 is quoted below :'120. power to adapt laws.---for the purpose of facilitating the application of any law in relation to any of the states (or union territories) formed or territorially .....

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Aug 31 1990 (HC)

The National Textile Corporation (South Maharashtra) Ltd. Vs. Shramik ...

Court : Mumbai

Decided on : Aug-31-1990

Reported in : 1991(1)BomCR160; (1990)92BOMLR492; (1993)IIILLJ277Bom

..... subsequently became a part of the state of bombay under the state reorganisation act, 1956. these employees had been dismissed from service prior to the state reorganisation act, 1956 coming into effect. they had, however, challenged their dismissal as wrongful and had claimed reinstatement. after the state reorganisation act came into force, they sought to implead the state of bombay also as a party to these proceedings. this ..... to events which may happen after the take over of management. it has no reference to any liability incurred prior to the take over of the management. similarly section 6(b) deals with the power of the central government to issue a notification suspending any rights, obligations, etc. which may be in force at the time when the, notification is issued. ..... contract of management or other arrangement or for the loss of office, as the case may be. under section 3, sub-section (6): notwithstanding any judgment, decree or order of any court, tribunal or other authority or anything contained in any other law... every receiver or other person in whose possession or custody or under whose control the textile undertakings or any ..... two workmen prior to 10.10.1983 is of the textile company, such a liability can be enforced by execution proceedings which may be available in law, against the assets of the textile company. under the said act the ownership of the textile undertaking is not transferred to the central government or the custodian. in fact, as the recital to the .....

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Jul 11 1990 (HC)

State Industried Promotion Corporation of Tamil Nadu Ltd., Madras Vs. ...

Court : Chennai

Decided on : Jul-11-1990

Reported in : AIR1991Mad116; (1991)IMLJ469

..... 1959. the area in which the land is situate having thereafter been allotted to the state of gujarat on the bifurcation of the state of bombay under the states reorganisation act 1960, a divisional commissioner of the state of gujarat issued a notification under s. 6 on may 2, 1961. both the notifications mentioned the purpose ..... court, and the latter cannot refuse to follow the decision of the larger bench, on the ground that the larger bench has wrongly understood or construed the decisions of the supreme court. taking note of this principle, we are obliged to hold that the appellants could not be held to have ..... reasons have been upheld and some have not been upheld; but all those grounds related to the validity of the notifications issued by the government of bombay and the government of gujarat. not even an order of costs has been passed against the municipal corporation of the city of ahmedabad, we fail ..... appeal against the order of the high court allowing the petition. however that case did not arise under any reference under s. 18 of the act. but, the principle decided therein would be of some importance for the purpose of the present cases.'the full bench discussed also at length the ..... thus, there was a delay of more than 23 years for the prosecution of the land acquisition proceedings, after the declaration under s. 6 of the act was made. it must be noted here that the fourth-respondent is the beneficiary of land acquisition proceedings. the learned single judge, who heard the .....

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Jul 11 1990 (HC)

The State Industries Promotion Corporation of Tamil Nadu Ltd. Vs. V. A ...

Court : Chennai

Decided on : Jul-11-1990

Reported in : (1991)469MLJ1

..... issued a notification under section 6 on may 2,1961. both the notifications mentioned the purpose for acquisition as 'for school and neighbourhood work'. the notifications ..... the first respondent were notified for acquisition under section 4 of the land acquisition act by the government of bombay by a notification dated february 19,1959. the area in which the land is situate having thereafter been allotted to the state of gujarat on the bifurcation of the state of bombay under the states reorganisation act, 1960, a divisional commissioner of the state of gujarat ..... bench of the same court, and the latter cannot refuse to follow the decision of the larger bench, on the ground that the larger bench has wrongly understood or construed the decisions of the supreme court. taking note of this principle, we are obliged to hold that the appellants could not be held to have locus standi to prefer ..... the full bench was laid down with reference to the challenge of the compensation proceedings; but, he would submit that the full bench, in terms, has taken guidance, after construing the implications, from the pronouncement of the supreme court, where it has been countenanced that a beneficiary could not acquire any right to challenge the land acquisition proceedings.4. we .....

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May 02 1990 (SC)

The Direct Recruit Class-ii Engineering Officers' Association and othe ...

Court : Supreme Court of India

Decided on : May-02-1990

Reported in : AIR1990SC1607; (1990)92BOMLR360; [1990(60)FLR918]; JT1990(2)SC264; 1990(2)KarLJ73; 1990(1)SCALE839; (1990)2SCC715; [1990]2SCR900; 1990(2)SLJ40(SC); 1990(2)LC314(SC); (1990)

..... the period 1.11.1956 to 30.4.1960, that is, the date immediately after coming into force of the 1960 rules. rules were framed under article 309 of the constitution read with section 81(6) of the bombay re-organisation act, 1960, and were called the reorganised bombay state overseers and deputy engineers seniority lists rules ..... requires that for every three direct recruits appointed as deputy engineers only one promotee can be appointed as officiating deputy engineer. the rule cannot be construed to mean that for every three confirmations of deputy engineers, not more than one promotee can be confirmed as deputy engineer.relying upon the ..... benefit of his pre-selection service and thus have the best of both the worlds.' in this set up and for the purpose of construing rule 7 and considering the necessary qualification for promotion as an executive engineer, it was observed that the direct recruits and the promotees in ..... position for the appointees is still better; and a mere deviation there from would raise a presumption in favour of the exercise of the power of relaxation. there would be still a third consideration relevant in this context: namely, what is the con elusion to be drawn from deliberate ..... general principle of res judicata. the binding character of judgments of courts of competent jurisdiction is in essence a part of the rule of law on which the administration of justice, so much emphasised by the constitution, is founded and a judgment of the high court under article 226 .....

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Apr 06 1990 (SC)

Gwalior Rayons Silk Mfg. (Wvg.) Co. Ltd. Vs. Custodian of Vested Fores ...

Court : Supreme Court of India

Decided on : Apr-06-1990

Reported in : AIR1990SC1747; JT1990(2)SC130; 1990(1)KLT819(SC); 1990(1)SCALE689; 1990Supp(1)SCC785; [1990]2SCR401; 1990(1)LC735(SC)

..... forest (1) in relation to the malabar which is not owned by the government district referred to in sub-section but does not include (2) of section 5 of the states (i) areas which are waste and reorganisation act, 1956 are not enclaves within (central act 37 of 1956) wooded areas; (ii) areas which are gardens or nilams; (iii) areas which are planted with (i ..... )any land to which the madras tea,coffee, cocoa, rubber, preservation of private forests cardamom or cinnamon; and act, 1949 (madras act xxviii of 1949 ..... (a) to (c) has used the words to identify the different categories of crops or trees. the words used in every sub-clause too have 'associations, echoes and overtones'. while construing such words, judges must, as felix frankfurter, j., said 'retain the associations, hear the echoes and capture the overtones' (supra p. 414). when so examined and ..... construed, we do not discover any indication that the words in sub-clause (c) 'any other agricultural crop' are quite wide enough to comprehend all species of trees including eucalyptus plantations. .....

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Nov 08 1990 (HC)

Shankar Construction Co. Vs. Commissioner of Income-tax

Court : Karnataka

Decided on : Nov-08-1990

Reported in : (1991)94CTR(Kar)155; [1991]189ITR463(KAR); [1991]189ITR463(Karn)

..... sydney city council [1966] 12 l.g.r.a. stat. def. industrial reorganisation corporation act, 1966 (c. 50) s. 22(7); industrial relations act, 1972 (c. 72), s. 167'. 20. therefore, when a taxing statute has to be construed even when two) views are possible, the view that favours the assessee who hears ..... decisions of the high courts relied upon by the commissioner (appeals) were decided on other provisions of the income-tax act, then section 32a of the income-tax act ('the act' for short). they have referred to the ruling of the special bench that the company engaged in the construction of ..... cit v. presure piling co., (india) (p.) ltd. : [1980]126itr333(bom) (decided by the orissa high court and the high court of judicature, bombay, respectively). the revenue went up in appeal to the income-tax appellate tribunal, bangalore bench, against those orders of the commissioner of income-tax (appeals). the tribunal ..... after the 31st day of march, 1976 - (i) for the purposes of bushiness of generation or distribution of electricity or any other form of power; or (ii) in a small-scale industrial undertaking for the purpose of business of manufacture or production of any article or thing; or (iii) ..... in all these cases : the questions as follows : 'whether, on the facts and in the circumstances of the case, the tribunal is justified in law in upholding the disallowance of investment allowance ?' 4. the question as formulated, we feel, is not correct. therefore, we reformulated the question under .....

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Sep 04 1990 (SC)

Saraswati Industrial Syndicate Ltd. Vs. Commissioner of Income Tax

Court : Supreme Court of India

Decided on : Sep-04-1990

Reported in : AIR1991SC70; (1990)3CompLJ200(SC); (1990)88CTR(SC)61; [1990]186ITR278(SC); JT1990(4)SC353; 1990Supp(1)SCC675; [1990]Supp1SCR332; 1990(2)LC633(SC)

..... where only one company is involved in change and the rights of the share holders and creditors are varied, it amounts to reconstruction or reorganisation or scheme of arrangement. in amalgamation two or more companies are fused into one by merger or by taking over by another. reconstruction or ..... which came into its hands from the assets of the indian sugar company, the assessee made application before the high court under section 261 of the act read with section 109 of cpc for certificate to appeal to this court but the high court dismissed the same. the appellant, thereupon, approached ..... the facts and circumstances of the case the tribunal was justified in law in holding that the amount of rs. 58,735/- was not chargeable to tax under sub-section (1) of section 41 of the income-tax act 1961 for the assessment year 1965-66?the high court answered the question ..... officer. the assessee thereafter preferred appeal before the income-tax appellate tribunal. the tribunal allowed the appeal on the construction of section 41(1) of the act. the tribunal held that after the amalgamation of the indian sugar company with the assessee company the identity of the amalgamating company ..... premises by the transferor company. the transferee company set up a defense that by amalgamation of the two companies under the order of the bombay high court all interest, rights including leasehold and tenancy rights held by the transferor company blended with the transferee company, therefore the transferee .....

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Oct 09 1990 (SC)

Sita Ram Vs. C. Bhondey and ors.

Court : Supreme Court of India

Decided on : Oct-09-1990

Reported in : AIR1991SC249; JT1990(4)SC339; 1990(2)SCALE808; 1991Supp(1)SCC556; [1990]Supp2SCR184

..... may 13, 1971, is without jurisdiction. the said suit was contested by respondent no. 1. he raised a preliminary objection that the suit was barred by section 49 of the act. the munsiff hawaii, kanpur, by judgment dated august 16, 1974 decided the said preliminary objection in favour of respondent no. 1 and dismissed the suit ..... of which can only be taken away by setting it aside or its cancellation, it was held that the consolidation authorities would have no power to cancel the same and it must be held to be binding on them so long as it is not cancelled by a court having the ..... was held that such a claim can be adjudicated by consolidation courts on the view that an alienation made in excess of power to transfer would be, to the extent of the excess of power, invalid and an adjudication on the effect of such a purported alienation would be necessarily implied in the decision of a ..... power to cancel it.13. in the instant case respondent no. 1 was claiming an interest in the land lying in the area covered by notification issued under section 4(2) on the basis that he is the son of chhota, brother ..... the instant case the consolidation proceedings under the act were taken during the period 1969 to 1971 and the suit was filed in 1973. at that time section 49 read as under:49. bar to civil jurisdiction-notwithstanding anything contained in any other law for the time being in force, the declaration and adjudication of rights of .....

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Oct 01 1990 (HC)

Jayantilal Dharamsi and ors. Vs. Board of Trustees of Port of Bombay

Court : Mumbai

Decided on : Oct-01-1990

Reported in : 1991(2)BomCR283; (1990)92BOMLR596

..... outside the limits of the port and in support of this submission reliance is placed upon the declaration about the limits of the port of bombay issued under section 5 of the indian ports act, 1908. now so far as this notification dated 28th october, 1972 issued by the government of india in the ministry of shipping and ..... of the words in the provision. only, in the case of ambiguity or doubt the heading or sub-heading may be referred to as an aid in construing the provision. but even in such a case it could not be used for cutting down the wide-application of the clear words used in the provision.'there ..... - w.p. no. 90/83.1960 100.281969 173.201972 219.001976 341.011977 395.761978 450.511979 505.251980 560.011981 614.761982 2,111.364) indian cable co. ltd. - w.p. no. ..... 585.29 235.471979 654.97 262.681980 724.65 289.901981 794.33 317.111982 7,082.02 4,515.862) taherbhai tayabali - w.p. no. 89/83.1951 99.371962 296.441972 370.551976 608.771977 701.441978 794.041979 886.681980 979.321981 1,019.021982 13,398.103) janata iron & trading co. ..... power to an agent, it may empower the agent to make findings of fact which are conclusive provided that such findings satisfy the test of reasonableness. in all such cases, judicial inquiry is confined to the question whether the findings of fact was reasonably based on evidence and whether such findings are consistent with the laws .....

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